About Brendan Hanks

Practice manager at Kate Austin Family Lawyers

Entries by Brendan Hanks

Does a Consent Order need to be signed by a solicitor

  Clients quite often ask Does a Consent Order need to be signed by a solicitor ?   Does a Consent Order need to be signed by a solicitor, in fact neither party is required to obtain independent legal advice in relation to proposed Consent Orders before signing off on them.  Quite often when parties […]

Is there a Cooling of period with Consent Orders

  Clients quite often ask us Is there a cooling off period when signing Consent Orders? Is there a Cooling of period with Consent Orders – No there is not . Once Orders have been made by the court that is the end of the matter and unless it can be established by a fresh […]

How to apply for a Family Court Consent Order?

  How do I apply for a Family Court Consent Orders?   Quite often clients ask us how to apply for a family court Consent Order? If you do not already have court proceedings on foot before the Family Court then there are two documents that must be filed to apply for a family court […]

How does a Consent Order work?

Quite of clients ask us How does a Consent Order work? In essence a Consent Order works in exactly the same way as any court Order. Provided that it is properly drafted it should be enforceable in the same way as any other court Order is otherwise enforceable.  So this means that if it is […]

What are some disadvantages of signing Consent Orders?

  Quite often clients ask us what are the  disadvantages of signing Consent Orders? In our experience, there is usually no disadvantage with obtaining Consent Orders. Whilst it is the case that they cost money to prepare and require the services of a solicitor, most parties find that the financial advantages and peace of mind […]

Can I get divorced before Consent Orders?

  Quite often clients ask us Can I get divorced before Consent Orders? There is no legal requirement that you must apply for a divorce prior to finalising your property settlement or finalising the future arrangements for the care of your children. On the contrary, for most people it is more important and much more […]

What are the advantages of Consent Orders?

  Quite often clients ask us advantages of Consent Orders? Fundamentally, signing off on Consent Orders gives both parties peace of mind that the agreement that they have reached has been both finalised and formalised. Neither party can then come back at a later date and seek changes to the Consent Orders that have been […]

Consent Order and a Court Order

  Quite often clients ask us what is the difference between a Consent Order and a Court Order ?   There is no practical difference between a Consent Order and a Court Order in the sense that both are legally binding and both are legally enforceable by the Court.   The difference between the two […]

When can a Consent Order be set aside?

  The parties themselves can set aside a Consent Order if they wish to do so by simply agreeing to this as between themselves.  So for example, if one party was intending to purchase the other party’s interest in the former matrimonial home, and the Consent Orders required them to do this within a set […]