Consent Order Lawyers
Consent Orders are part of a larger picture that encompasses child support, the property settlement, and the general well-being of yourself and family.
What are Consent Orders
Consent orders are legally binding agreements that former spouses can utilise to formalise property distribution, child custody, spousal maintenance, and other arrangements.
They offer a more efficient and cost-effective solution to resolving these concerns than lengthy court actions. When these agreements are formalised, they become court orders with the full force of the law.
Drafting, and submitting Consent Orders is a very involved process. If accepted by the Court they become binding Court Orders, and it can be challenging to change them. It is therefore crucial that they are correct – and you can live with them – from the outset.
We have extensive working knowledge of Consent Orders. This includes drafting them, working with our clients to ensure they understand all the implications that may arise from specific orders, negotiating with the other side to reach agreement on proposed orders, reviewing consent orders that are proposed by the other side, as well as submitting them to the Federal Circuit and Family Court of Australia (FCFOA).
Our lawyers draw from their extensive knowledge of Australian Family law, whilst also leveraging our experience in Commercial Law and litigation. We understand that Consent Orders are part of a larger picture that encompasses child support, the property settlement, and the general well-being of yourself and family.
Our team will work with you throughout the entire process, from workshopping what may be the best orders to seek, what is most realistic, and presenting a strong case in Court.
Some things to know about
Consent Orders
Applying for Consent Orders
To obtain consent orders, you must submit an application to the Federal Circuit and Family Court of Australia (FCFCOA) along with the proposed orders, indicating that both parties have agreed to the terms. Once approved, these orders become enforceable, and failure to comply can lead to legal consequences for one or both parties.
The consent orders will outline each party's responsibilities regarding the division of assets and/or parenting arrangements. The court will assess whether the proposed orders are fair and reasonable. If satisfied, the court will issue a sealed copy of the orders, making them legally binding.
The Pros & Cons of Consent Orders
Consent orders offer several advantages. They are legally enforceable, and the process of enforcing them is generally more straightforward compared to a Binding Financial Agreement (BFA), with a lower risk of the orders being challenged.
However, there are some drawbacks. More detailed information is needed to ensure the orders are just and equitable. Additionally, there are court filing fees, and there may be a delay before the orders are officially accepted and returned.
Consent Orders need to be “just and equitable”
For consent orders to be approved by the court, they must be deemed "just and equitable." This means that the proposed agreement must fairly distribute the assets, liabilities, and responsibilities between the parties involved, considering the specific circumstances of the case. The court assesses whether the agreement is reasonable and fair, taking into account factors such as:
- The financial and non-financial contributions made by each party during the relationship (e.g., income, homemaking, and caregiving)
- The future needs of each party (e.g., age, health, income-earning capacity, care of children)
- Any disparities in income or resources
- The welfare of any children involved.
The court's "just and equitable" test ensures that the settlement reflects a fair division of property and resources, even when both parties agree, to prevent one party from being unfairly disadvantaged in the arrangement.
Deciding on the actual division of property and assets
Dividing assets is not necessarily done rigidly through a percentage-based allocation for each asset. We will work with you to consider different models of division of the asset pool. As needed, negotiations or mediation can help arrive at a personalised and creative approach, giving flexibility to consider the unique aspects of your individual circumstances and future plans.
The Property Settlement Process
Step 1
Consenus
As their name suggests, the orders need to have been arrived at by mutual agreement.
Step 2
Drafting orders
The proposed orders need to be drafted precisely.
Step 3
Submission to the Courts
The parties file the orders with the Federal Circuit and Family Court.
Step 4
Legally binding Consent Orders
The Court will review the submission, and issue legally binding consent orders.
Why choose Movement Legal?
Clear legal advice
We communicate and offer advice in simple, understandable terms.
Swift Resolution
Our focus is on achieving outcomes, and promptly resolving your matter
Strategic Representation
We deliver clear strategies to advance and resolve your case.
Dedicated Advocacy
We assert your rights through mediation, negotiation, and in court.
