Consent Orders – What are they?
Consent Orders are a way for parties to formalize an agreement they’ve reached dividing their assets and liabilities or formalizing the arrangements for the future care of their children Without having to go to court. It is done by making an application to the Family Court Which sets out the specifics of the agreement that you’ve reached. Once the court makes Orders in accordance with your agreement it becomes legally binding in the same way as if the court had made Orders pursuant to a contested hearing. Property settlement Orders and the financial relationship between you and Orders a formalizing your parenting arrangements give you both peace of mind for the future.
What financial matters can and can’t a Consent Order deal with?
Financial Consent Orders on the Gold Coast include the transfer of assets between the parties on the sale of assets and the division of the net proceeds of sale. Any assets can be included such as real estate, bank accounts, trusts, companies, cars and superannuation.
Financial Consent Orders cannot however deal with child support matters. The child support agency typically looks after the payment of child support and you can enter into your own private child support agreement if you want to However these are not matters that are covered by Consent Orders.
Consent Orders – Why do you need them?
In property settlements Consent Order to finalize the financial relationship between you so that neither party can come back at a future date and make a claim to the other parties assets in the future. You can also obtain a stamp duty exemption in relation to the transfer of real estate between parties who were in a relationship.
For parenting matters locking in an agreement means that neither party can change their mind about the children’s care arrangements if their circumstances change. The Consent Orders are legally binding and can only be changed by agreement between the parties or a further court application.
Spousal maintenance and Consent Orders
Spousal maintenance is the payment by one party to their ex partner Of a sum of money with that by way of lump sum or regular instalment On account of one party being in a position to assist the other and the second party being unable to support themselves adequately. Spousal maintenance Orders can form part of your Consent Orders on the Gold Coast And a legally binding once made.