If you are going through a divorce or separation and are worried about the outcome of the division of your property and assets or your children’s parenting arrangements, consent orders in family law are the answer to your problems. Consent orders in family law mean that you will not have a lengthy, costly courtroom battle with your former partner.
What Are Consent Orders?
When you apply for consent orders, both parties to the relationship have agreed to finalise your property or parenting matter in this document. Consent orders in family law do not involve proceeding to Court. Consent in family law are for situations where the parties involved have drafted their orders and wish to go to Court to have these orders legally approved.
If you are at this point – this is fantastic. This is because it means you have been able to resolve your conflict without having to expend significant sums of money on legal fees and going to Court, and you can move on with your lives. Accordingly, consent orders present some important advantages: they are cost-effective, reasonably quick, and legally binding. You will receive a set of court orders showing that the settlement is complete and final.
Why Do I Need Consent Orders?
You may be wondering why you actually need consent orders and why you and your former partner cannot simply write down the orders on an informal basis or what is known as ‘informal arrangements’.
Firstly, the downside to any arrangements made informally will be that they are not legally binding. If one party breaches the informal arrangements, then there is little to no remedy available for that breach.
Secondly, If an informal settlement is reached, hypothetically, the other party in a year or two wants to come back and make a further claim or wishes to receive more, then there is nothing stopping them from doing so. This is because there is no finality in your matter, and it is still open. To legally finalise your matter, it should either go through the Courts, be achieved through an application for consent orders, or a binding financial agreement.
What Are Some Advantages Of Consent Orders In Family Law?
- A significant advantage of consent orders is that you can even transfer property from one party to another without incurring fees associated with stamp duty. There is an exemption to this rule if the relationship is subject to the breakdown of a relationship. The taxation office will typically want evidence of this, which will normally be an application for consent orders.
- Consent orders can be far less costly in contrast to pursuing litigation
- Consent orders can be
What Are Consent Orders For Parenting Matters?
Consent orders in family law for parenting arrangements include legally binding agreements for matters such as:
- The parent who will have parental responsibility for the children
- The location and times for changeovers
- Who the children will spend their time with and when
- Whether the children may travel overseas
- Agreements such as both parents not speaking negatively about the other parent around their children
The Court must be satisfied the orders you are seeking are in the best interests of the child. Accordingly, Parents are encouraged to contemplate this as a guiding principle when considering their parenting plans.
For consent orders regarding parenting, the Family Law Act focuses on the rights and responsibilities that each parent has towards their children, rather than parental rights. The goal is to ensure that the children are protected from harm and can enjoy a meaningful relationship with both of their parents.
Importance of Seeking Legal Advice
When discussing matters such as consent orders in family law, you must seek out the help of an experienced family lawyer to help guide you through the processes involved in your matter.
Here at JB Solicitors, we’ll make the process as pain-free as possible. We have fixed-fee pricing for family law, giving you a clear sense of the costs from the start, and we will be sure to help you out every step of the way. With years of experience under our belt, we pride ourselves on making each client’s family law experience as positive as possible.
Contact JB Solicitors today to speak with one of our friendly and experienced family lawyers.
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