About Brendan Hanks

Practice manager at Kate Austin Family Lawyers

Entries by Brendan Hanks

consent orders cooling off period

  When signing consent orders, is there a cooling off period? Once Consent Orders are made, there is no cooling off period. Unless it can be established by a fresh application to the court that the Consent Order should be set aside, once orders have been made by the court they will remain in effect. For […]

Can a Consent Order be set aside?

Can a Consent Order be set aside? If the parties want to revoke a Consent Order, they can simply agree among themselves to do so. When one party had planned to buy the other’s interest in the former marital home within a certain period, but then changed their mind, they could agree to sell instead, […]

If my ex doesn’t comply with the Consent Order, how can I enforce it?

  If my ex doesn’t comply with the Consent Order, how can I enforce it? Whenever possible, we believe that court proceedings should be avoided. If your ex-partner is not following the Consent Orders, then you should speak with them directly, either in person or via mediation, or even work with a legal representative to […]

Are Consent Orders binding and enforceable?

  Are your Consent Orders binding and enforceable?   In short, yes, Consent Orders are legally binding and enforceable in the same way that they would be if the matter had been litigated and the court had made Consent Orders at the end of a final hearing. There is essentially no difference. Therefore, if either […]

Consent orders are prepared by whom?

  Consent orders are prepared by whom? In your Consent Orders, whether they deal with property disputes or future child care arrangements, it is important that they are unambiguous and that they are drafted in a way that makes them legally binding and enforceable. You will find that if you submit proposed Consent Orders to […]

Spousal maintenance and Consent Orders – How does it work?

Occasionally, parties will have an agreement where one pays the other spousal maintenance. You can pay spousal maintenance in a lump sum or in regular payments, such as weekly or fortnightly. You can include spousal maintenance orders in your consent orders if the parties agree to it. The agreement for the payment of spousal maintenance […]

What are the benefits of a Consent Order?

  What are the benefits of a Consent Order? Obtaining Consent Orders is a good idea for a number of reasons. There are a lot of clients who have an agreement in relation to the division of their assets or the future care of their kids, but they want to formalize it. Additionally, there are […]

What are Consent Orders?

      What are Consent Orders? Getting a Consent Order from the Family Court is a great way for separating couples to formalize their agreement on the division of their assets or the future care of their children without having to go to court.   A consent order specifies how your assets and liabilities […]