Quite often clients ask What is a fair Consent Order
In property settlement proceedings the court can only make Consent Orders once it is satisfied that the Orders proposed to made are “just and equitable” or what is a fair Consent Order?What is just an equitable will vary, and can vary quite considerably, depending on the circumstances of the individual case. For example in a very lengthy relationship where one party worked full-time throughout and the other party largely stayed home to raise the children and otherwise worked part time it is often a starting point for the court to consider that each party’s contributions to the relationship or equal. if both parties are then of a similar age and have a similar working capacity ahead of them then it will often be the case that the court would consider a fair and equitable outcome to be one which sees them share equally in the assets available for distribution. If in such a case one party was seeking Consent Orders which saw them take, say, 70% of the pool and the other just 30%, then the court might not consider that to be a just and equitable outcome and the court may well refuse to make the Consent Orders sought.
When proposed Consent Orders are submitted to the Family Court, if the court is concerned that the outcome proposed by the parties is not, on the face of it, just and equitable, it is likely to issue what is called a requisition notice requiring both parties to file affidavits which address on one hand what each party contributed during the relationship and on the other hand each party’s respective future needs. Each party will then be asked to comment on why they consider that the outcome proposed is just and equitable. The coat will then consider this new evidence in making a decision about whether or not to make the Orders as sought.
It is important to note in this regard that the court does not simply rubber stamp whatever application is put before it but is legislatively required to make a determination that the Orders are just and equitable. The Court will never however simply change what has been submitted to something it considers more ‘fair’ and the parties will always have the opportunity to put on more evidence before the matter is finally determined by the Family Court.
Please contact Kate Austin Family Law if to want to discuss What is a ‘fair’ Consent Order.
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.
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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.
Please feel free to contact the Family Court of Australia should you require further assistance