Entries by Brendan Hanks

Does a Consent Order required to be signed by a solicitor?

Does a Consent Order required to be signed by a solicitor? A solicitor does not need to sign off on consent orders. Before signing off on proposed Consent Orders, neither party is required to obtain independent legal advice.  When parties are in agreement with one another, they do not seek independent legal advice and therefore […]

What does a ‘fair’ Consent Order look like?

  What does a ‘fair’ Consent Order look like? If the court is satisfied that the proposed Orders are “just and equitable” in a property settlement proceeding, it can make Consent Orders. As a result, what is considered just and equitable will vary considerably depending on the circumstances of the individual case. If, for example, […]

What are the advantages of Consent Orders over a parenting plan?

  What are the advantages of Consent Orders over a parenting plan? A parenting plan consists of a written agreement between two people after they have attended mediation through a family relationships center. The agreement outlines the future care arrangements for a child or children of the relationship, which is signed by both parties. However, […]

Consent orders serve what purpose?

Consent orders serve what purpose? A Consent Order formalizes an agreement that has been reached between two parties to a former relationship, whether they were married or defacto, in relation to their property settlement, including spousal maintenance, as required, and/or the future care of their children.   The risk of not formalizing your agreement is […]

How does a Consent Order differ from a court order?

  How does a Consent Order differ from a court order? Both court orders and consent orders are legally binding and enforceable by the court. Therefore, there is no practical difference between them. The difference between the two is that a Consent Order is made between the parties. Both parties are asking the court to […]

A ‘Minute of Consent’ is what?

  A ‘Minute of Consent’ is what? Minutes of Consent are essentially documents that contain the Consent Orders you are asking the court to make on your behalf. A minute of consent can include either property settlement Consent Orders or parenting orders, as well as Consent Orders for the payment of spousal maintenance. Consent Orders […]