Entries by Brendan Hanks

What is the Purpose of a Consent Orders?

  Clients quite often ask whats the Purpose of Consent Orders? The Purpose of Consent Orders is to formalises an agreement that has been reached between two parties to a former relationship. Regardless if they were married or in a defacto relationship property settlement including spousal maintenance where appropriate. It may include the  future care […]

Are Consent Orders legally binding?

  Quite often clients ask are Consent Orders legally binding? When your Consent Order is made, it has the same effect as a court Order made by a judge after a contested court hearing.  This means that if one party doesn’t comply with a court Order, you can make an application to the court to […]

What are Consent Orders?

  Quite often clients ask what are Consent Orders ?   Consent Orders are a great way for separating parties to formalise an agreement they’ve reached for the division of their assets.  They can also be used for the future care of children without having to go to the  Family Court.   In relation to […]

What is a ‘fair’ Consent Order?

    Quite often clients ask What is a fair Consent Order   In property settlement proceedings the court can only make Consent Orders once it is satisfied that the Orders proposed to made are “just and equitable” or what is a fair Consent Order?What is just an equitable will vary, and can vary quite […]

What Financial Matters can Consent Orders deal with?

  Clients quite often ask what Financial Matters can Consent Orders deal with?. Consent Orders can deal with all types of financial matters from transferring a property from one joint names to one person’s name through to making arrangements for a superannuation split.  Consent Orders can be made to include which close bank accounts, or […]

How to apply for Consent Orders?

  Clients quite often ask How to apply for Consent orders? The court requires you to file two documents in Order to have Consent Orders made. Firstly, you have to file a document entitled “Application for Consent Orders”.  For a property settlement, this document sets out all of your assets and all of your liabilities […]

Is a Consent Order binding and enforceable?

    Quite often clients ask us is a Consent Order binding? In simple terms, yes, Consent Orders are legally binding and enforceable in the same way as if the matter had gone through the court system as a litigated matter and the court had made Consent Orders at the end of a contested final […]

What is the Cost of a Consent Order?

  Quite often clients ask us What is the Cost of a Consent Order? Many lawyers will now charge a fixed cost for a Consent Order. The fixed fee that they charge however can vary enormously. Quite often lawyers will charge a fixed fee based on there being some level of negotiations between the parties […]