What are some benefits of signing Consent Orders?
There are several reasons why someone might seek Consent Orders from the Family Court:
- Finalizing an agreement: Consent Orders are used to finalize an agreement between parties on parenting arrangements, property settlement, and/or financial support. Once the Orders are made, they become legally binding, and both parties are required to abide by them.
- To obtain a stamp duty exemption for the transfer of property
- Superannuation splitting orders require a court order for the trustees of the fund to move funds between members.
- Avoiding future disputes: Consent Orders can help to avoid future disputes or misunderstandings between the parties. They provide clarity and certainty regarding the terms of the agreement, which can help to prevent disputes and minimize the need for future court proceedings.
- Enforcing an agreement: If one party fails to comply with the terms of the agreement, the other party can seek enforcement of the Consent Orders through the court. This means that the court can take steps to ensure that the terms of the agreement are followed, such as ordering the payment of child support or dividing property in a specific way.
- Protecting children: Consent Orders can help to protect the interests of children by ensuring that appropriate parenting arrangements are in place and that financial support is provided. The court will consider the best interests of the children when making the Orders, and this can provide peace of mind to the parties involved.
- Certainty and finality: Consent Orders provide a sense of finality to the parties involved. Once the Orders are made, they cannot be changed unless both parties agree or there is a significant change in circumstances. This can provide a sense of closure and allow the parties to move on with their lives.
Signing off on consent orders gives both parties peace of mind that their agreement has been finalized and formalized. It is not possible for either party to return at a later date and seek changes to the Consent Orders that have been made unless the other party agrees to them.
People are worried about whether the other party can take away their future income or that if they buy a house themselves or with a new partner in the future, the other party can then come back and take half. Many people worry that although they are on good terms at the moment and have a good shared parenting arrangement, if the other person decides to re-partner or decides to relocate, it could have a significant impact on the agreement. If there is no obligation to comply with the agreement, leaving parties in a precarious position if one party’s circumstances change and they are no longer able to adhere to the previous agreement.
Your agreement can be formalized into Consent Orders to alleviate these concerns. Neither party can just change their mind and decide they won’t comply with the terms of the Consent Orders anymore. There is also a significant stamp duty saving if parties wish to transfer real estate from joint names to the name of one party as in the absence of there being Consent Orders in place, stamp duty can otherwise become payable on the transfer.
If you have any questions in relation to What are some benefits of signing Consent Orders? or 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 or the Gold Coast
This information is general in nature and cannot be interpreted as legal advice. Legal advice can only be provided by a qualified legal practitioner.
