Family Law Consent Orders
We are experienced in Family Law matters including the preparation of Consent Orders where the parties can agree on a settlement without the need to attend Court. Contact us for your initial consultation free of charge.
At one stage or another, almost all of us fall in love or enter into a relationship that does not work out. However, disputes with our spouses, either married or in long-term de facto relationships, do not have to end badly. If there is agreement as to a mutual parting of ways, then this can be formalised in a straightforward and amicable way. This is always the preferable option as Family Law litigation can be long, protracted and can turn nasty. However, with an experienced Family Lawyer there is no need to waste time and money.
Consent Orders are one of the most popular methods for formalising an agreement between you and your former partner with regards to splitting assets or setting up parenting arrangements for a child or children after the end of a relationship.
An application for Consent Orders with respect to assets will require a significant amount of information about you and your former partner’s assets. As part of the application, thorough and precise orders will need to be drafted (in a form acceptable to the Court) which will stipulate the division of assets. This is important as often real property (such as a house) makes up the bulk of the assets and, as we all know, a home cannot be split into two.
An application for Consent Orders with respect to parenting arrangements will require a thorough consideration of what is in the best interests of the child or children. As part of the application, thorough and precise orders will need to be drafted (in a form acceptable to the Court) which will usually cover several scenarios, such as:
Whether both parents will have ‘shared parental responsibility’ over the child
Where the child will normally live
On what days the child will spend time with each parent
Where pick-ups and drop-offs will occur
The process for taking the child inter-state or overseas on a holiday
Where the child will spend their holidays (for e.g. School holidays, Christmas, Easter and New Years)
Even if the parties have agreed on the orders which form the basis of the application for Consent Orders, the Court may still reject the application if it is not satisfied that the making of the orders would be just and equitable in all of the circumstances. This is because the Court has the final say. If this was to occur, an experienced Family Lawyer can assist you with ensuring the application is successful.
If your family law matter involves children and parenting issues to be resolved between a mother and a father, or even grandparents wishing to have rights to see and visit their grandchildren, our Family Lawyers can assist negotiate a quick and easy resolution without the need for attending Court which can be a waste of time and money.
If there are no children involved, our Family Lawyers can help negotiate a fair property settlement taking into account various factors. We can file the appropriate documentation with the Court on your behalf with no need for either party to attend where there is agreement.
If you and your ex-partner have more or less reached agreement about separation, or you would like some help negotiating a quick agreement, get in touch with our Family Lawyers for a free consultation. The timeliness of seeking such advice is crucial because there are often tight deadlines for being able to file for property settlement orders. The cut-off is usually one year from the date of divorce or two years from the date of de-facto separation. Therefore, after separation, get in touch with us for a free no obligation consultation to discuss your matter and what we can do to assist.
Disclaimer:
The information above is intended as general information only and should not be relied on. You should discuss your individual situation with a lawyer.
Contact us to discuss your matter
Please fill out the below form and one of our lawyers will be in touch as soon as possible.