A consent order is a written agreement between two parties that is filed in court and then becomes a legally binding Court Order. In Family Law, this can be made in relation to your property, finances or parenting arrangements for your children.
This process does not involve a court hearing and can only be made if both you and your former partner agree to all terms.
It is advised that consent orders be made in every separation and divorce, particularly when children are involved. It formalises the agreement and protects both parties should there be a misunderstanding or if one side decides to change the terms.
Even if things are amicable now, circumstances can change down the track and it is beneficial for all involved that agreements are documented to save stress and potential disputes down the track.
Deanna has extensive experience in negotiating agreements and mediating between two parties, even in the most complex of cases. She can help draft watertight agreements that will protect you and give you the peace of mind to move forward in your life.
You can enter into either Consent Orders or Financial Agreements to document your agreement, dependent on their individual circumstances.
What is the difference between consent orders and a financial agreement?
A financial agreement is similar to a contract as it stipulates how property is to be divided between the parties.
Should you and your former partner agree on a property settlement you can prepare a written agreement in the form of a consent order and then seek approval from the Court.
A financial agreement is similar to a contract as it stipulates how property is to be divided between the parties. The Family Law Act 1975 (Cth) permits parties to a married or de facto relationship to enter into a binding financial agreement.
A financial agreement can be made before, during or after a relationship and are often referred to as prenuptial agreements.
If you decide to make a financial agreement, you need to make sure you understand the terms of the agreement.
Before signing any agreement each party my receive independent legal advice.
If formal requirements have not been met the agreement will be invalid and the court may set it aside.
Should you and your former partner agree on a property settlement you can prepare a written agreement in the form of a consent order and then seek approval from the Court.
Once you sign the agreement you need to state that you agree to the terms provided in the document. Once the Court approves the Order it is given a Court seal and legal effect.
You may apply for a consent order without even attending court.
If you would like to discuss your circumstances and whether consent orders are advisable in your separation or divorce, please book a free initial appointment by completing the form below.
