Consent orders are used in family law matters where the parties agree and require a legally binding agreement between themselves. Consent orders provide a clear and enforceable way to implement agreements made about children, property division, spousal maintenance or financial matters.
An application for consent orders should be done with a family lawyer as the orders need to be drafted so not to create future issues if circumstances change. You may also seek to add time limits to the consent order as you may want to review issues such as child support as your children grow up.
Consent orders are a cost-effective alternative to having a judge-imposed court orders and family court proceedings. When the parties reach agreement on financial or parenting arrangements formalising them in a consent order reduces the likelihood non-compliance as there are consequences.
At PCL Lawyers, our team of experienced family lawyers in Sydney can guide you through the process of negotiating, drafting and obtaining consent orders that reflect your agreement.
To obtain consent orders, you must apply to the Federal Circuit and Family Court of Australia (FCFCOA) with the proposed orders, indicating that both parties have agreed to them. The orders are typically enforceable, and non-compliance can result in one or both parties behind held to account.
The consent orders will outline each party’s obligations concerning asset division and/or parenting matters. The Court will evaluate whether the proposed orders are fair and equitable and, if so, will provide the parties with a sealed copy of the orders, making them legally binding.
Consent orders have several benefits. For starters, they’re legally binding and enforceable. Applications for enforcement of the orders is a simpler process compared to a Binding Financial Agreement (BFA), and there’s less risk of having them invalidated. Additionally, it isn’t necessary for both parties to seek independent legal advice.
However, obtaining consent orders can also have several drawbacks. Firstly, more information is required to ensure that the orders are just and equitable. Secondly, there are fees associated with filing in court, and there may be a waiting period before the orders are accepted and returned.
Our team of family lawyers in Sydney work closely with clients to provide solutions that cater to their unique situation, enabling them to make informed decisions about the best approach to take.
Although consent orders aren’t always necessary, they can serve as a valuable safeguard and provide a sense of security, as they have the backing of the court.
Our consent order lawyers will seek your instructions and after an initial consultation create a personalised strategy to obtain the most favourable outcome for you. Whether it is a property settlement or parenting consent orders we seek to get your matter resolved amicably and quickly. We’ll ensure that you fully understand your obligations while protecting your rights and providing you with confidential advice that makes the process more manageable.
To discuss consent orders with our family lawyer in Sydney, please call 1300 907 335 or complete our enquiry form.
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