Consent Orders

If both parties are able to reach an agreement on how to divide their assets and/or on the care, welfare, and development of their children, the Family Court can issue orders based on their mutual agreement, which is known as consent, in order to resolve their differences. Neither of you will have to attend in court, but you will have to submit your agreement for the court’s review and approval instead of appearing in person.

If the proposed consent orders are “fair and equitable” under the circumstances, the Family Court is expected to evaluate a range of considerations in assessing whether or not they are “fair and equitable.” A “rubber-stamping” activity, in the classic sense, is not the sole action involved. It is necessary for the court to review all of your financial records in light of your agreement in order to assess if the split is fair and equitable. Whether or not the agreement is in the best interests of the children involved will be considered by the court if there are any children engaged in the matter.

Following approval of the consent orders by the Family Court, they will be sealed and a sealed copy will be delivered to each of the parties. There is a range of consequences for violating the terms of the consent orders, and the severity of the consequences varies depending on how significant the breach is deemed to be.

If you require assistance in drafting fair consent orders with your former spouse or partner, at Mediations Australia, our Perth family lawyers can help you. We will create the consent orders and submit to the court all of the supporting documentation that is necessary. We may also be able to assist you in amending any existing Family Court orders that you may currently be subject to.

A consent order is intended to accomplish a certain goal.

Following the breakup of a marriage or relationship, spouses who seek to come to terms on particular matters have a plethora of options at their disposal. During an informal settlement, the parties may come to an agreement on how property will be divided or on the amount of ongoing support payments to be paid. As an alternative, they can come to an agreement on what is known as a “Parenting Plan,” which describes how ongoing parenting (also known as “child custody”) and child care will be handled. However, these options are not legally enforceable in any way.

The filing of an application with the court for a consent order results in a set of agreements on which both former partners may depend in the future as a result of the decision.

A “binding financial arrangement,” which is an agreement that satisfies stringent legal standards under the Family Law Act 1975, can be entered into as an alternative.

Obtaining Consent Orders has a number of benefits, which are discussed below.

A consent order is a legally binding document that may be enforced in court if the parties agree to it. Furthermore, a consent decree is definitive, which provides both parties with a sense of confidence. The only way to amend it after the fact is in a very small number of specific circumstances.

What precisely is contained within a consent order?

Among the concerns addressed by a parenting consent order are parental responsibility (formerly referred to as “child custody,”) where the children will dwell, with whom the children may communicate, and how the children will spend their time with each of their respective parents. When deciding whether to issue such an order, the court will consider a variety of criteria, including the following:

• Children’s spending time with their parents should be equal or if they should spend significant and meaningful time with each of their parents.
• There are any difficulties that have already been addressed in a previously agreed-upon parenting plan;
• What occurs if a parent passes away?
• Whether or not it is beneficial to have a parenting plan in place following a divorce;

Financial or property consent orders may detail how property will be divided, who will be entitled to superannuation or redundancy benefits, and whether or not any provision will be made for ongoing upkeep and maintenance.

What is the average time it takes for consent orders to be issued?

Through the submission of a consent order application in the proper court and the fulfillment of all essential annexures, the application will be approved. A draught version of the consent order would be sent together with this document in the ideal scenario.

The form should be signed, dated, and filed in a safe and secure area after being completed. If the Registrar believes that the consent order or orders should not be issued, you will be notified of this decision, as well as the reasons for his or her decision, within a reasonable timeframe.

Is it conceivable for us to create our own consent order from the ground up?

Yes. But bear in mind these are very important legal documents that you cannot get wrong. If not correct, you run the danger of having your consent orders invalidated by the. It is essential that you seek legal advice from an experienced family lawyer prior to drafting the orders in order to avoid a situation like this from occurring.

If you engage our team at Mediations Australia to draft your Consent Order Application, you can be confident that we will have the skills, experience, and understanding necessary to guarantee that all of your financial and children’s concerns are handled and protected under the Order. Because we understand how to draught them and what has to be included, we will ensure that the Orders are executed and that your concerns are effectively handled.

A good example is when the parties agree to transfer the ownership of their family home from joint names to the wife’s sole ownership, which is a common practice. While it is possible to get an Order that just says that the parties agree to transfer the property, such an Order is unlikely to address the practical challenges of such a transfer and is unlikely to provide a “backup plan” in the event that this cannot be performed successfully.

If we’re close to establishing a consensus, but we’re just not quite there yet, what should we do next?

Consent Orders are used to resolve disputes between two parties, but they must be agreed upon by both sides before they may be used.

What happens if we want to make a change to our order after it has been submitted?

It is only under particular circumstances that changes to or revocation of the consent order are permissible. This includes cases in which there has been a miscarriage of justice, such as fraud or the production of false evidence, or in which new circumstances have emerged that render the order’s implementation impossible or exceedingly difficult to carry out, among other things.

When it comes to financial orders, it is often not possible to make changes after they have been placed.

A party that is able to establish that they were pressured into submitting to the Order and that they did not agree to it voluntarily may be able to make an application with the Court seeking additional orders. But even if you felt compelled to sign the Order, you would need to weigh the expense of going to Court against how much more money you would really get from the property pool if your new application is successful. Many people find that the cost of legal advice and representation, as well as the stress of appearing to court, outweighs any additional amount to which they may be entitled.

When it comes to parenting, modifications are made on a more frequent basis. A parent’s ability to demonstrate that there has been a major change in circumstances and that new orders are required may be taken into account by the court.

Consent Orders are a great tool, but always ensure that they are drafted by experienced family lawyers. Talk to us today at Mediations Australia.

 

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source https://mediationsaustralia.com.au/consent-orders/