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Consent Orders
In a breakdown of a marriage or de facto relationship a legally binding Consent Order can avoid a stressful, expensive, and drawn-out scenario. Speak to our experienced family law solicitors for legal guidance and advice in the negotiation of Consent Orders with your former partner & lodgement with the Court.
How a Consent Order can help you in your separation
A Consent Order can cover the division of assets, debts, and obligations as agreed to by both parties. This can include finances such as savings, investments, and pensions as well as property, spousal maintenance, parenting arrangements and superannuation.Once an agreement has been reached, a Consent Order can be submitted to the Court for approval without the need for either of the parties to attend. If accepted by the Court, the Consent Order will be formalised and enforced.While not technically necessary, it is highly recommended you engage a specialist family lawyer in both the negotiation and drafting process of your Consent Order application to ensure you are legally covered and your rights are protected.
Experienced Guidance and Advice on Consent Order Applications
East Coast Law can provide experienced legal guidance and advice in the negotiation of Consent Orders with your former spouse or de facto partner.
We can help you with:
- Parenting Consent Orders
- Property Consent Orders including finances
- Consent Order negotiations and Family Mediation
- Consent Orders drafting
- Consent Orders submissions with the Federal Circuit and Family Court of Australia.
We offer affordable and approachable family law services and will be happy to assist with your Consent Order applications. With offices in Newcastle, Toukley, Maitland, Edgeworth & Port Macquarie our team are here to help you navigate separation and divorce, offering care, compassion, and certainty during a difficult time.
Speak to our family lawyers and discuss your options for moving forward
Parenting Consent Orders
A primary concern for all separating families is arrangements for the care and welfare of their children. For separating couples who can come to an agreement on parenting matters, a Parenting Consent Order is a great option to make these agreements legally binding.
Once all parties have agreed on the division of parental responsibility and the ‘live with’ and ‘spend time with’ arrangements for the children, a Parenting Consent Order can be drafted with the help of an experienced family lawyer.
Once the Court is satisfied that the Consent Order is in the best interests of the child/children, it will be approved and become legally binding and enforceable. Any party that does not comply with the order will be considered in breach and may be sanctioned by the Court.
Property Consent Orders
The family home and investment properties are often among the largest assets for separating couples. There may also be concerns about the division of debts and loan repayments associated with those properties. Where separating couples can come to an agreement on property settlement, a property consent order is an excellent option to have this issue dealt with efficiently and effectively.
It is also important to deal with the division of finances between separating married or de facto couples as quickly and efficiently as possible, to allow both parties to move on with their lives. Property Consent Orders can arrange the division of some, or all of the combined financial assets. This can include the division of savings, investments, pensions, superannuation. In some circumstances, a Binding Financial Agreement may be preferable. Speak to our team for advice on your specific situation.
A property consent order (often achieved through Family Mediation) allows both parties to come to a just and equitable resolution, without the financial and emotional costs of having the issue decided by the Courts. Once an agreement has been reached a consent order will allow the division of property to be formally recognised by the Court and once approved, becomes legally binding. This includes any provisions for the division of debts associated with the property and any maintenance or support plans that have been agreed to as part of the arrangement.
Remember, once approved Consent Orders are legally binding. Challenging them may be expensive, time-consuming, and highly stressful, so it’s best to get it right from the start! Speak to our team of Family Law solicitors for legal guidance and advice on your specific situation
Speak to our family lawyers and discuss your options for moving forward
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