Kate Austin Family Lawyers
the law society of nsw specialist accreditation logo

BRISBANE (07) 3128 0222
SYDNEY (02) 9063 0455
MELBOURNE (03) 9116 5728

  • Consent Orders
    • Consent Orders in the Family Court
    • Consent Order FAQs
    • Consent Orders Rejected by the Family Court
    • Sample Consent Orders
    • Case Studies
      • Consent Orders in a Short Marriage
      • Long Marriage with Kids
      • Consent Orders in a Defacto Relationship
      • Consent Orders with Financial Pressure
      • Older Parents and Consent Orders.
      • Parents and Relocation with Consent Orders
      • Simple Property Settlement
      • Consent Orders for Empty Nesters
      • Consent Orders with Children
      • Enough money spent on Lawyers
  • Consent Orders Quote
  • Superannuation Splits
    • Superannuation Split Information
    • Superannuation Split FAQs
    • Military Superannuation Consent Orders
  • Divorce
  • Who are We
    • The Kate Austin Story
    • Why Clients Choose Kate Austin Family Lawyers
    • Kate Austin Reviews
    • Rachel Stubbs
    • Brendan Hanks
    • Locations
      • Brisbane
      • Sydney
      • Melbourne
      • Adelaide
      • Canberra
  • Blog
  • Contact Us
  • Menu

Home

Consent Orders Rejected by the Family Court

You are here: Home / Consent Orders Rejected by the Family Court

Have you had Consent Orders rejected by the Family Court?

Consent Orders rejected by the Family Court? We Can Help.

You are here because:

  • You have had your Consent Orders rejected?
  • Your have been advised to seek legal assistance before you re lodge the documents to the Family Court.
  • You want your amended Consent Orders to be legally binding and enforceable.
  • You want your fees to be fixed.
  • You want your amended Consent Orders to be redrafted with 24Hrs.

Has the Family Court has had a look at your proposed Consent Orders and written back to you advising that they have not been approved . They may have done this for a number of reasons, some may include;

  • Your orders are not written in a format that will be legally enforceable.
  • Your Consent Orders may not contain suite contingency clauses.
  • The registrar my consider that your Consent Orders are not ‘just and equitable.’
  • Your orders may not be compliant with the Family Law act.
  • Your superannuation orders have not followed the required procedure.
Instant Quote
Request a call

Kate Austin Family Law are Accredited specialists in Family law in both NSW and Queensland and have submitted literally thousands on Consent Orders to all the main registries in NSW and Queensland.

Have you had Consent Orders  rejected or asked to be to be reviewed by a Family Lawyer. Kate Austin Family Law is very happy for clients to make a phone appointment using this link for a free discussion about what steps need to be made to have your Consent Orders approved. Clients have found this discussion useful because:

  • Amended orders will now be enforceable by the Family Court
  • They will be prepared with 24 hours
  • we will not change your agreement
  • It will be completed at a fixed fee agreed before we start the matter.
  • We guarantee they will be accepted by the Family Court or we will refund your fees.
  • You will have the opportunity to upload your proposed orders as well as the requisitions so we can discuss them in real time. We will provide immediate solutions to your Consent Order problems including how to fix the drafting errors, timing to complete the changes and a fixed price for our service.
  • We may suggest things that needed to be included in the orders that you may not have thought of, talking with us allows you access to our area of expertise.
  • The need for appropriate contingency orders (where applicable), how and why you need them.
  • We will ensure the application is compliant with the proposed minute of Order. The two documents need to support each other application.
  • We utilise your Comm courts Portal to save court costs, you have already paid the court fee so there is no need to pay it again.
  • Provide compliant superannuation splitting orders, depending on your matter there are specific steps that must be undertaken so that the Family Court is able to approve your superannuation splitting request. Have dealt with literally hundreds of superannuation funds over the years we have an exhaustive library of superannuation splitting orders and contacts to finalise  you matter quickly.

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.

Request a Call
Instant Quote

10 Short Answers on Consent Orders

  • What are Consent Orders?
  • What financial matters can Consent Order deal with?
  • Why do I need a Consent Order?
  • Spousal Maintenance and Consent Orders
  • Who prepares the terms of a Consent Order?
  • Do I need to obtain legal advice?
  • Is a Consent Order binding and enforceable?
  • How do I enforce a Consent Order if my ex does not comply?
  • When can a Consent Order be set aside?
  • Is there a cooling off when signing Consent Orders?

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.

Meet The Team

Rachel Stubbs - Kate Austin Family Lawyers
Brendan Hanks

Our Promise

If your Consent Orders are rejected by the Family Court we will provide you a fixed fee to have a revised application completed within 24 Hrs. We guarantee that you Consent Orders rejected by the Family Court will be approved or we will refund your fees.

Our Philosophy

Kate Austin belives that people you can negotiate their own Family Law agreement should be able to have that agreement made legally enforceable in a cost effective manner.

Let's get started

Get your instant quote

Request a call

Kate Austin Law

Office Location

Kate Austin Family Lawyers

Brisbane office:
Level 54, 111 Eagle Street
Brisbane, QLD 4000

Sydney office:
Level 36, 1 Farrer Pl
Sydney, NSW 2000

Melbourne office:
Suite 805 , Level 8, 220 Collins Street
Melbourne, VIC 3000

Postal address
Brisbane office:
Level 54, 111 Eagle Street
Brisbane, QLD 4000

Our Office Hours

Monday – Friday: 9:00 am – 5:00 pm
Brisbane Phone: (07) 3128 0222
Sydney Phone: (02) 9063 0455
Melbourne Phone: (03) 9116 5728

Google Rating
4.9
Kate Austin Family Lawyers
Kate Austin Family Lawyers
4.9
Joanne Summers
Joanne Summers
08:25 23 Jul 18
The process of writing consent orders was made very simple by your knowledge and professionalism. Jessica was easy to talk with from my initial telephone call and easy to communicate with by email thereafter. Her manner was reassuring and considerate and she had the knowledge required to answer my questions. The fixed cost made budgeting easy and affordable. I have already recommended your company to a friend and will do so again in the futureread more
Kylie Gilbert
Kylie Gilbert
05:31 13 Jul 18
I can highly recommend the team at Kate Austin Family Lawyers. They prepared Consent Orders and also organised the property transfers. From beginning to end everyone has been very friendly, professional and helpful and the whole process has been extremely stress free. The fees definitely did not break the bank and worth every $ to know that the process is done properly the first time. Jessica in particular has been very reassuring to me and it's been greatly appreciated. Thank you Kate Austin Lawyers!read more
Gail Keogh
Gail Keogh
11:08 24 Jul 18
I highly recommend Kate Austin Family Lawyers. Jessica was fantastic! Jessica explained the whole process, answered all our questions and made things easy during a tough time. Jessica was professional and understanding of our requirements. The process was simple and completed in timely fashion. Thanks Jessica, Brendan and team.read more
Christie Gulley
Christie Gulley
09:23 17 Jul 18
Handelled my consent orders and property transfer efficiently and were always prompt with communication. About time there was a firm that you can trust to have your best interests in mind the whole time 😁 thanks Rachel, Brendan and teamread more
Blair Wright
Blair Wright
21:33 23 Jul 18
Rachel and her team are fantastic to deal with and made this difficult time very easy to go through. Thank you once again for all your help and I would recommend them to everyone.read more
Antonietta Avgousti
Antonietta Avgousti
00:06 10 Jan 19
Kate Austin Family Lawyers have been nothing short of amazing! From the minute I spoke to Brendan when I made that initial enquiry, I knew I had stumbled across something great (just by surfing the web).. The patience and compassion he and Rachel showed me in dealing with my case was very much appreciated. Thank you both so much for making this daunting process as smooth and as easy as possible.read more
Earth Angel
Earth Angel
04:57 29 Jan 19
At such a stressful time, Kate Austin Lawyers made my life so much easier. They worked efficiently and were so very paitient. They were clear, communicated perfectly and kind people from the first phone call. The one time cost was well worth their services. I highly recommend this Law Firm to everyone.read more
David Westbury
David Westbury
01:49 21 Dec 18
Firstly, a huge Thank you to the team Rachel, Tori & Brendan, at Kate Austin Family Lawyers.Family law problems are not an everyday event and when mine happened it was daunting to say the least.However from my first conversation, right through to the end of processing my Consent Orders & Property Transfers, the Team at Kate Austin Family Lawyers were friendly, timely, and they communicated with me on a level I understood. Overall an extremely professional company that made the whole process stress free.Going forward I wouldn't hesitate to use them again and highly recommend their services.Thanks again Team, I wish you all a very Merry Xmas and a Happy New Year.I will be having one thanks to all your hard work.D Westburyread more
Peet Gorman
Peet Gorman
23:39 18 Dec 18
I am really happy with Kate Austin Family Lawyer. All staff member are professional and informative. My property settlement consent order was approved by court within a week which was very impressive. Brendan, Rachel and Tori were helpful. Everything I asked for was acted in time. I would recommend anyone to contact Kate Austin Family Lawyer for their family matters.read more
DS Martin
DS Martin
04:13 12 Nov 18
Friendly, efficient and caring service. They make the process of Consent orders and property settlement as painless as possible for all concerned. I would highly recommend Kate Austin's Team to listen and expedite this for you. Tori was really friendly and took the time to understand our situation and to progress it as fast as possible. Thanks Tori, Brendan and Rachel.read more
See All Reviews
powered by Google
© Copyright - Kate Austin Family Lawyers 2021 | Privacy Policy | Terms & Conditions | Associations, Memberships & Registrations | Sitemap
  • Facebook
  • Twitter
  • Linkedin
Scroll to top