Consent Orders legally binding?
A Consent Order has the same effect as a court order made after a contested court hearing. If one party fails to comply with a court Order, you can apply to the court to enforce the Order. You are subject to this regardless of whether the Consent Order relates to your property settlement or is a parenting order. If, for example, a parenting Consent Order made by Consent says the children should be returned to you at a certain time on a certain day and that doesn’t happen, you can apply to the court to enforce the Consent Order. The court can enforce the Order if your former partner is supposed to transfer you a lump sum of money by a certain date but does not do so.
Having said that, the fact that court orders are legally binding typically results in both parties following them, as neither party wants to be taken to court to enforce an Order. Consent Orders are also the result of an agreement between the parties, so since the Orders are a result of their agreement, they’re usually willing to comply with them.
Regardless of whether the Order is made by Consent or based on a contested court hearing, it has the same legal effect and is just as legally binding. There is only one difference: you don’t have to attend court or have a contested hearing to get a Consent Order because the Orders are made in chambers, not in open court.
If you have any questions in relation to Are consent orders legally binding? or consent orders please contact us to discuss your proposed agreement. We provide an instant quote for your agreement online that is fixed and includes all aspects of the documentation and submission process. General information about Kate Austin Family Lawyers can be found on our home page or if you would like information about our story or Rachel and Brendan there are links on our home page.
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This information is general in nature and cannot be interpreted as legal advice. Legal advice can only be provided by a qualified legal practitioner.