How long to amended Consent Orders take to be to be redrafted
Our standard service is 24hrs. Once you have your amended documents we will provide then to you for approval. If you require changes, we mill make these with 24hrs for your consideration.
Once approved we will lodge them under your portal or transfer them to our account and we will manage their progress until completion. Further information in relation to court orders that have not been accepted can be found at the Family Court.
What are Consent Orders?
Consent Orders are Orders made by the Family Court, which document the division of assets and liabilities of a relationship, or the future parenting arrangements for their children. They can be made for parties to a marriage or parties to a defacto relationship.
What financial matters can Consent Order deal with?
Financial Consent Orders can deal with transfers of all assets or any liabilities, including real estate, mortgages cars, bank accounts, loans and debts, and companies and trusts. They cannot however deal with child support matters.
Why do I need a Consent Order?
Consent Orders end the financial relationship between two parties so that neither can come back and seek a further property settlement at some stage in the future. They can also finalize parenting matters and set out future care arrangements for children.
Spousal Maintenance and Consent Orders
You can include provision for the payment of spousal maintenance in your property settlement Consent Orders, and this applies whether you were married or in a de facto relationship. Spousal maintenance is the payment of money by one party to the other to assist with their financial upkeep.
Who prepares the terms of a Consent Order?
The Family Court will not prepare your Consent Orders for you and you should get a solicitor to draft them so that the job is done properly. They must be clear and unambiguous and set out clear who will do what and when.
Do I need to obtain legal advice?
Unlike binding financial agreements, where both parties must obtain independent legal advice, neither party is required to obtain legal advice In Order to obtain Consent Orders. It is however, generally a good idea to do so, so that you can make an informed decision about the Orders you’re agreeing to have made.
Is a Consent Order binding and enforceable?
Consent Orders are binding and enforceable in the same way as if a court had made the Orders pursuant to a contested hearing. This means that either party can bring the matter back before the court if the Orders are breached and have the Orders enforced, and penalties made against the non-complying party.
How do I enforce a Consent Order if my ex does not comply?
You can make an application to the Family Court if your Consent Orders have been breached so as to get the other party to comply with them in the future, and to penalise the non-complying party for breaching the court Orders. This is done by filing an Application along with a supporting affidavit, setting out the details of the Orders breached.
When can a Consent Order be set aside?
There are only a small number of circumstances in which a court will set aside a Consent Order. The reasons include impracticability, hardship for a child of the relationship, or default in carrying out the Orders. For parenting matters, you must first demonstrate that there has been a significant change in circumstances warranting the matter being reopened.
Is there a cooling off when signing Consent Orders?
Once the Consent Orders have been made there is no cooling off period and you cannot change your mind. You can however withdraw your Consent in the intervening period between the documents being signed and filed with the Family Court and the court actually making the Consent Orders.