Quite often clients ask are Consent Orders legally binding?
When your Consent Order is made, it has the same effect as a court Order made by a judge after a contested court hearing. This means that if one party doesn’t comply with a court Order, you can make an application to the court to have the Order enforced. This is the case whether the Consent Order relates to your property settlement, or is a parenting Order. So for example, if you have a parenting Consent Order that has been made by Consent that says the children are to be returned to you at a certain time on a certain day and that doesn’t happen, you can apply to the court to have the Consent Order enforced. If your former partner is supposed to transfer a lump sum of money to you by a certain day and doesn’t, you can apply to the court to have that Order enforced.
Having said that however, the fact of having court Orders that are legally binding in place does, typically, result in both parties complying with them, as neither party usually wants to be taken to court to have an Order enforced against them. Also, Consent Orders arise from an agreement being reached between the parties, and so because they’ve actually agreed to the Orders being put into place, they’re usually quite happy to comply with them.
But in essence, the Order has the same effect, and is just as legally binding, whether made by Consent or made pursuant to a contested court hearing. The only difference is that you didn’t have to attend court or go through a contested hearing to get a Consent Order as the court makes the Orders in Chambers, not in open court.
Who Can You Talk To about Consent Orders?
If you need someone to talk to about the Purpose of Consent Orders call Kate Austin Family Law. We are dedicated to Consent Orders in NSW and Queensland. The Family Court system can be very complicated. Contact Kate Austin Family Lawyers for direct and accurate information
When it comes to consent orders family law professionals at Kate Austin have got you covered. We offer fixed price the consent orders to ensure you aren’t caught out by high, unexpected fees. Get on online instant Quote here. There’s no reason to put off getting the process started for your consent order with the Kate Austin team. They guarantee you will get consent orders approved.
So, get in touch with Kate Austin Family Law today for a fixed fee service.