About Brendan Hanks

Practice manager at Kate Austin Family Lawyers

Entries by Brendan Hanks

How long do Consent Orders take to process in the Family Court

  Clients often ask How long do Consent Orders take? As a general rule of thumb it takes approximately 28 days from the date that you file your documents with the Family Court until Orders are issued by the court.   The 28 day estimate is really only a guide and sometimes Orders can be […]

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 […]

Are Consent Orders Final?

Clients quite often ask us Are Consent Orders Final? In simple terms, yes, Consent Orders are final.  In financial matters, the court has an obligation which is provided for in the legislation to end the financial relationship between the parties and so a good solicitor will draft Consent Orders that will both cover all assets […]

What is a Minute of Consent ?

  Clients quite often ask us what is a Minute of Consent ? A minute of Consent is essentially a term used for a document that contains the proposed Consent Orders that you are asking the court to make on your behalf.  A minute of Consent can deal with either property settlement Consent Orders or […]

Why do I need a Consent Order?

  Clients quite often ask us Why do I need a Consent Order? There are a number of good reasons why it is a good idea to obtain Consent Orders. We find that many of our clients have an agreement in relation to the division or of their assets or the future care arrangements for […]

Does each person need a lawyer for Consent Orders?

    Whilst it is always a good idea to obtain legal advice prior to signing off on Consent Orders, it is not mandatory. Many people are in the situation where they have reached an agreement with a former partner that they are happy with and they do not wish to obtain advice in relation […]

Spousal Maintenance in Consent Orders

  In some instances parties have an agreement where one party will pay to the other spousal maintenance.  Spousal maintenance might be paid by way of a lump sum or by way of regular payments, say weekly or fortnightly.   If the parties agree to this, then spousal maintenance Orders can be provided for and included […]

Who prepares a Consent Order?

Who can prepare your Consent Orders?   It is important that your Consent Orders, whether they deal with property matters or matters pertaining to the future care arrangements for your children, are drafted in a way which makes them unambiguous and that they are set out in a way that makes them legally binding and […]

What happens if you breach a Consent Order

What are the implications of breeching a consent Order?   The implications of What happens if you breach a Consent Order is the same whether the Order was made by Consent or pursuant to a contested hearing. Ordinarily the court will want to see the Order complied with and it can sometimes be the case […]