If separating parties are able to reach an agreement about the division of their assets, known as a property settlement, and the future arrangements for the care of their children, their agreement can be recorded in a written formalised document. Once signed by both parties, it can then be filed with the Family Court of Australia and the Court will make court orders or consent orders in accordance with the agreement reached, making the agreement legally binding.
Our belief and our experience tells us that parties are likely to be far happier with an agreement they’ve reached themselves, and far more likely to comply with an agreement they’ve reached themselves that with a set of court orders that has been imposed upon them by a Judge. It’s also usually advantageous, both financially and personally to negotiate a settlement and avoid going to court.
Our offices in the Brisbane CBD regularly provide advice and assist clients who come in with something close to an agreement and work with them to the stage where this agreement can become an order made by the court. The significant benefit of orders made by consent is that the agreement reached by the couple is then legally binding and enforceable. A further significant advantage is that consent orders can be made without either party actually having to attend Court at any time.
You can avoid the cost, stress and delay associated with going to court by obtaining advice from us about the steps associated with negotiating and then implementing a consent order.
Consent orders offer a way for separating couples, whether married or not, to record and finalise both their property settlement and future arrangements for the care of their children in a way that is legally binding, all the while in the knowledge that they need not proceed to Court. This process can help save time and money for both parties, as well as reduce stress for everyone, especially the children.
Sometimes matters are already in court, but this doesn’t mean you can’t still reach an agreement and have a consent order prepared and filed with the Court. In fact by far the majority of matters that are already before the court will settle by way of consent orders before being judicially determined.
Calling a Family Lawyer can be difficult, however we’re here to help if: