What purpose do consent orders serve ?
A Consent Order formalizes an agreement that has been reached between two parties to a former relationship, whether they were married or defacto, in relation to their property settlement, including spousal maintenance, as required, and/or the future care of their children.
The risk of not formalizing your agreement is that one party may change their mind or decide at a later date that they don’t wish to follow it anymore. As long as the agreement was never formally constituted by a court order, either party can simply refuse to comply with it, and there are no repercussions.
A Consent Order formalizes the agreement and makes it enforceable in the same way as if a court had made the Order in a contested hearing. Knowing they cannot change their minds or decide not to follow the agreement gives peace of mind to both parties. Consent Orders also have the advantage of requiring neither party to appear in court.
Consent Orders can be enforced by a court if they are not followed. For example, if the Order states that the children must be returned within a certain period of time on a certain date, and this does not happen, then the court can enforce the Order. This means that if, for example, your former partner was required to pay you a certain amount by a certain date and that has not happened, then you can approach the court to enforce that Order. In relation to these examples, if all you have is an agreement, a court cannot help you.
If you have any questions in relation to consent orders please contact us to discuss your proposed agreement. We provide an instant quote for your agreement online that is fixed and includes all aspects of the documentation and submission process. General information about Kate Austin Family Lawyers can be found on our home page or if you would like information about our story or Rachel and Brendan there are links on our home page.
Kate Austin Family Lawyers provides a national service. Family Law is a federal jurisdiction so the law are uniform across the country. No matter where you are located we can assist. Sunshine Coast Newcastle Canberra Sydney Melbourne
This information is general in nature and cannot be interpreted as legal advice. Legal advice can only be provided by a qualified legal practitioner.