Clients quite often ask Does a Consent Order need to be signed by a solicitor ? Consent Orders do not need to be signed off by a solicitor. In fact neither party is required to obtain independent legal advice in relation to proposed Consent Orders before signing off on them. Quite often when parties are in agreement with one another they do not seek independent legal advice and a solicitor does not therefore sign off on the documents being filed.
The documents required to be filed with the court do not need to be witnessed, whether by a Solicitor or a Justice of the Peace, or indeed by anyone, and both parties can simply sign the documents themselves.
The obtaining of Consent Orders should however be contrasted with parties who sign off on a Binding Financial Agreement which is a very different document, albeit one which achieves the same result in that it finalizes the property settlement between the parties. Each of the parties must obtained independent legal advice prior to signing off on a Binding Financial Agreement and there are no exceptions to this rule. Each party’s solicitor must sign a certificate which forms part of the Binding Financial Agreement indicating that they have given advice to their respective clients about the agreement and its advantages and disadvantages. The requirements of each document are very different, predominantly because a Binding Financial Agreement is not filed or ratified by a Court and is essentially a contract reached between the two parties to the relationship. Consent Orders are filed with the Court and reviewed by a Judicial Officer and accordingly there is a safety net of sorts in place which protects the parties to some extent, which protection does not exist in relation to a Binding Financial Agreement.
Having said that, it is typically a good idea for parties to have had some legal advice prior to signing off on Consent Orders, even if a solicitor does not review the Consent Orders prior to their being filed, as this gives me the parties peace of mind that what they are agreeing to is within the scope of what is fair and reasonable having regard to the circumstances of their case.
Who Can You Talk To About Consent Orders?
If you need someone to talk to about a consent order specifically or have general questions about consent orders, Kate Austin Family Law can help. We are dedicated to Consent Orders in NSW and Queensland. When it comes to consent orders Family Court can be a complicated place, and it pays to have somebody like Kate Austin Family Law on your side.
When it comes to consent orders family law professionals at Kate Austin have got you covered. They 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 can help you get consent orders Family Court are likely to approve. any questins in relation to the question Does a Consent Order need to be signed by a solicitor please contact us to discuss.
So, get in touch with Kate Austin Family Law today and you can feel confident that you are getting the information on consent orders you’ve been looking for.