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.
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A consent order is essentially a court order for family law matters, be it parenting arrangements or financial settlement (or both), that is entered into by private agreement between the parties and sealed by the court. What this means is that, rather than two people arguing their issues before a judge and allowing that judge to make a decision as to what happens to them, those people make an agreement with which they are both satisfied, and apply for a consent order to reflect their wishes. It is not only a quicker and more cost effective way to resolve issues at separation, but it is more likely to see a better outcome for all involved.
By its very name, a consent order is indeed an order made by the consent of the parties entering into it. This means that the people involved have entered into their agreement freely and voluntarily and consent to the order being made. For this reason, the court is usually inclined to make the orders for which parties have applied, on the basis that the parties themselves have considered their agreement to be just and equitable, and/or in the best interests of their child or children.
A consent order does not need to be drafted by a solicitor. The Family Court of Australia website provides free DIY kits to assist people to make these applications themselves. Many people opt to have a solicitor do the application, however, as they can ensure that the application is compliant, truly reflects the wishes of the parties, and has the expected legal effect and practical consequences desired. We are regularly approached by separating couples who have filed an application with the court and it has been dismissed. The court will not explain why it has been dismissed, but it is often due to lack of disclosure in the application itself, or most commonly, poorly drafted orders in the Minute of Consent Order. As much as the system attempts to be accessible to self-represented parties, solicitors have endured many years of study and practical experience to be able to draft these orders, and their assistance in these matters can be invaluable.
At Kate Austin Family Law we offer a low cost fixed fee consent order service, so as to make this assistance more accessible to those who need it. We are highly experienced and can ensure that your orders not only see you with the outcome you want, but cover all the things you haven’t even thought of, with our documents being drafted and filed in a timely manner.
So you’ve reached an agreement for your property settlement, or in relation to the future care arrangements for your children. You know you could get it formalised, but that’d mean getting a lawyer involved, and that’ll cost money. It’s taken a while to get to an agreement with your ex, you’re busy and you just don’t want to think about it anymore.
There’s a few things that you might not have thought of, but which might make you give this decision a bit of further thought:
So if this has given you a reason to re-think your decision not to formalise your agreement, you might want to take the next step and give us a call. We can talk you through the process, confirm the price is what we’ve said it’s going to be here, and get you started. If you’d like more information about our fixed fees, just click on the link.
Like Consent orders, Binding Financial Agreements set out how property and financial resources are to be divided upon the breakdown of the relationship. The advantage of a BFA is that it can be entered into prior to marriage, during a marriage, or after a divorce order is made, unlike consent orders which can only be entered into following separation.
The disadvantages however are as follows:
It is accordingly the practice of our firm not to recommend Binding Financial Agreements where Consent Orders can be prepared as an alternative.
There are two main things that we will need from you before we can progress your matter:
Once these steps have been completed, we will contact you to schedule a convenient time for a 20 to 30 minute telephone conference during which we will obtain some further information from you, as well as the precise details of the agreement that you’ve reached.
Once the conference has taken place, we will generally have all of the information that we need in order to prepare the documents that the court will require in order to make consent orders for you.
We will then put together two documents on your behalf, which are:
Both these documents must be filed with the Court. They must meet with the approval of a judge, who will then, assuming the proposed orders are found to be just and equitable, make legally binding court orders in accordance with the agreement that you have reached.
Once drafted, both documents are forwarded to you, so you can make sure all the details are correct. You will then need to print off, sign and scan back to us by email signed copies of:
Once the scanned and signed documents have been returned to us by email we will file all the documents.
It usually takes around two to four weeks for court orders to be made in accordance with the agreement that you’ve reached. You are not required to attend court. The case is considered by a Judge in Chambers.
Once the orders have been made, a sealed copy of the Orders typically becomes available via the court portal. We will obtain a sealed copy of the Orders that have been made and forward them to you.
The process of taking instructions from you, putting together the draft documents, having them filed and then having orders made in accordance with the agreement that has been reached usually takes around one month.
Sometimes the matter doesn’t conclude at this point. Commonly, one party is transferring their interest in a property to the other and there is a refinance process that must now take place. We are able to assist with the implementation of orders, and arrange the refinance on your behalf for an additional fixed fee. This process generally takes around six weeks to complete.
If you have any other questions, you might like to have a look at our FAQ’s page on fixed fee consent orders. To find out more information about who we are and what we do, click on this about us link.
In preparation for our conference you will need to provide to us the following details:
As well, we will also require the following documents from you before the telephone conference can go ahead:
The fixed fee consent orders process that we provide is designed to assist parties who might feel as though in general, they don’t really need orders, but they’re getting them for specific reasons. Some reasons why parties who are separating amiably might want court orders are:
At Kate Austin Family Lawyers, we do provide the full range of family law services, however the specific option that you have chosen here is geared towards formalising agreements that have already been reached in a simple, quick and easy way for a specific reason.
What the fixed fee includes:
We get all the information we need to prepare these two documents from you and then we prepare the documents for you to review.
What the fixed fee does not include:
On occasion, the agreement you’ve reached may, in our view, be something that the court is unlikely to make orders in accordance with. This doesn’t generally happen, but can happen if the agreement, on the face of it, seems heavily skewed in favour of one party. In such a case, we will advise you about the best way of presenting the agreement so as to ensure that wherever possible, the court will make orders in accordance with the agreement reached, if there are valid reasons why it might be skewed in favour of one party. We will also advise you if we think that orders are unlikely to be made in accordance with your agreement, so that you have the opportunity to withdraw your instructions, or to go back to your former partner and re-negotiate terms that are more likely to be acceptable.
Following the preparation of the documents, we send them to you for your review and consideration. The documents include the following:
As well, we include a link to the Family Court brochure entitled “Marriages, Families and Separation”, which we are required to provide to you.
From here:
Apart from the last page, the draft Application for Consent Orders does NOT need to be signed. Please just keep a copy for your records.
With over 20 years’ experience in family law, you can be assured that your matter is being handled by someone who knows what they’re doing.
We will finalise your Divorce promptly, efficiently, and for the price that you’ve been quoted.
Legal fees don’t have to cost a fortune. We charge reasonable fees but don’t compromise on service, quality or looking after you.
Kate Austin Family Lawyers
Head office:
Level 8, 193 North Quay
Brisbane QLD 4000
Sydney office:
Level 4, 20 Bond street
Sydney, NSW 2000
Office Hours
Monday – Friday: 9AM – 4PM
Our Office:
Kate Austin Family Lawyers
Brisbane office:
level 8, 193 North Quay
Brisbane, QLD 4000
Sydney office:
Level 4, 20 Bond street
Sydney, NSW 2000