Consent Orders in Adelaide – Your Questions Answered

Question 1

Consent Orders who prepares them?

Accepted Answer

Whilst some parties prepare their own documents this can lead to problems Because it is very important that the Consent Orders are drafted in a way that ensures that they are legally binding and can be enforced. Having a solicitor with family law experience also ensures that there is no ambiguity in your documents and that nothing is left out. Poorly drafted Consent Orders can also result in a fresh application having to be made at some future date and so It is generally a better idea to have someone who has a good understanding of how the documents must be drafted prepare your documents for you.

Question 2

Do I need to obtain legal advice for Consent Orders?

Accepted Answer

It is not mandatory for parties to Consent Orders to have obtained their own independent legal advice although it is generally a good idea as it gives both parties peace of mind that they are entering into Is an informed decision. Some parties obtain their own independent legal advice and then come together to reach their own agreement And then have it drafted without any further legal advice being obtained.

Question 3

Are Consent Orders enforceable in the Family Court?

Accepted Answer

Once the family court makes Consent Orders in accordance with your agreement they have the same force and effect as if a court had made the Consent Orders pursuant to a contested hearing. This means that if the Consent Orders are breached by one party then the non-defaulting party can take a matter back to court and ask the family court to enforce the Consent Orders Adelaide or for some other appropriate remedy. Typically however once court Orders are in place most people comply with them especially if they have been made following an agreement reached between them.

Question 4

What are the costs of a Consent Order?

Accepted Answer

Well to most lawyers will provide quotes for fixed fees for the preparation of Consent Orders Adelaide what the fixed fee includes can vary quite significantly and the associated cost can vary significantly. If you have not yet reached an agreement then the cost is likely to be significantly higher than if your agreement has been finalized. If you are require independent legal advice the cost will also increase. Most of the night fence will charge somewhere in the vicinity of 4 1/2 to $7000 depending on what it is you require. You can obtain a quote online here

Question 5

Will my consent orders in Adelaide allow me stamp duty exemption?

Accepted Answer

Yes – if you are transferring any real estate between yourself and your spouse in relation to your family law agreement it will be exempt from stamp duty. We will ensure that your orders are compliant regardless of what state your property is located.

Question 6

Can I apply for Consent Orders before I get divorced?

Accepted Answer

You certainly can make an application for divorce prior to finalizing your property settlement or making arrangements for your children however you cannot apply for divorce until you have been separated for a minimum. All 12 months. For practical reasons most people need to sort out their property settlement or their care arrangements for their children well within this. And typically the divorce is left until the last thing.

Question 7

If you change your mind Can you change your Consent Orders?

Accepted Answer

It is very difficult to have Consent Orders changed once they are made unless you are able to obtain the other parties Consent in which case it is a fairly straightforward process. The court will only enable you to re-open a property settlement case in very limited circumstances that are provided for in the legislation and which relate to things such as fraud or lack of disclosure or changes to the care arrangements for children..

Question 8

How are Consent Orders applied for in the Family Court?

Accepted Answer

The court requires you to file two documents, being an application for Consent Orders and a minute of Order. The application for Consent Orders sets out a lot of background and historical information as well as your current assets and liabilities. It didn’t sit out who will retain water in a column format. The minute of order must set out precisely the Orders that you are asking the court to make on your behalf. The court will not draft Consent Orders for you and it is for this reason that most people have a family law a solicitor draft the documents on their behalf. The application for Consent Orders sets out a lot of background and historical information as well as your current assets and liabilities. It then sets out who will retain what in a column format. The minute of order must sit out precisely the Orders that you are asking the court to make on your behalf.

Question 9

What is the principle of a Consent Order?

Accepted Answer

Essentially a Consent Order works the same way as any Court Order. If properly drafted it sits out precisely the obligations that are imposed on each party with her in relation to the finalization of the property settlement for the future care arrangements for the children. They require careful drafting because if one party does not comply with the Consent Orders the non-defaulting party needs to be able to apply back to the court and ask for the Consent Order Adelaide to be enforced Court Orders very specific and make it very clear what each parties obligations. They then intern make it very clear to the court he’s looking to enforce an Order.

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