What are Consent Orders?
Getting a Consent Order from the Family Court is a great way for separating couples to formalize their agreement on the division of their assets or the future care of their children without having to go to court.
A consent order specifies how your assets and liabilities will be divided. The agreement details, for example, if one person is going to purchase the other person’s house, when the deal will take place, the refinancing of the mortgage, and any payment to be made to the other party. In matters of parenting, Consent Orders detail the living arrangements for the child or children. It is possible for children to live week-to-week with both parents, or they may be largely cared for by one parent while seeing the other during the week and on weekends. Other details are included in the Agreement my include schooling living distances et.
If the court makes Orders based on your agreement, they become legally binding, just like if a court made Orders after a contested hearing, therefore, they are enforceable. Both of you do not need to appear in court to obtain your Consent Orders. In the event you submit your agreement in a way that the Court accepts, it will make Orders in the same format that you submitted your Agreement.
A consent order can also close bank accounts, split superannuation, and handle more complex matters, such as dividing family trusts and transferring company interests. The idea is that everything owed and owned is included, so that there will be no disputes later on. A Parenting Consent Order covers everything from where a child or children will live, spending time with each parent during holidays and special occasions, such as Christmas and birthdays, to overseas travel and where they will attend school.
A Consent Order is a great way to formalise what you’ve agreed upon informally, and offers peace of mind and clarity to both parties so they can move forward in their lives.
If you have any questions in relation to What are Consent Orders or consent orders generally 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 can not be interpreted as legal advice. Legal advice can only be provided by a qualified legal practitioner.