How does a Consent Order differ from a court order?
Both court orders and consent orders are legally binding and enforceable by the court. Therefore, there is no practical difference between them.
The difference between the two is that a Consent Order is made between the parties. Both parties are asking the court to issue the Consent Order after an agreement has been reached between them. Court orders can be made with or without consent. A court will often make orders in the case of parties in the Family Court who are involved in court proceedings that either advance the case or dictate to the parties what they must do, whether it be by way of property settlement or in regard to the future care of their children. During the latter instance, the court will make orders after hearing evidence from both parties with respect to their respective positions and the outcomes they are seeking. Because the parties are incapable of reaching an agreement the court can make orders upon, the court imposes orders on them based on the evidence each party presents to the court, which they must then comply with, whether they like them or not.
In essence, a court order is one that is made by a judge and not usually negotiated between parties. A Consent Order is a court Order that contains terms that the parties have agreed to or consented to themselves.
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.