How do Court Orders compare to Consent Orders?
Updated: 20 September 2023 ยท Read time: 4 minutes
If you are going through a separation or divorce, you may have heard the terms "court orders" and "consent orders" being used somewhat interchangeably. However, they are not the same thing. In this article, we will compare and contrast court orders and consent orders, explaining what they are, how they work, and their differences.
What are Consent Orders?
Consent orders are a type of legally binding agreement that couples can use to formalize their property and financial arrangements after a relationship breakdown.
A consent order is an agreement that both parties have agreed to, and it is approved by a court.
A consent order must contain all the details of the property settlement or financial agreement, including how assets will be divided, spousal maintenance, and child support. The order must be signed by both parties and then submitted to the court for approval.
What is a Financial Agreement?
A financial agreement is a binding legal contract between two parties that sets out how assets will be divided and financial matters will be handled after the breakdown of a relationship. These are also known as binding financial agreements, or abbreviated to BFAs.
Financial agreements can be made before, during, or after a marriage or de facto relationship.
A financial agreement can be used instead of going to court for a property settlement. However, if you cannot reach an agreement, you may need to go to court, and a judge will make a ruling on the division of assets.
How long do consent orders take in Australia?
The time it takes for a consent order to be finalized depends on a few factors. Firstly, it depends on how complicated the case is and how many issues need to be resolved. Secondly, it depends on the workload of the court and the time it takes for them to approve the order.
Typically, it takes around four to six weeks for a consent order to be finalized. However, it can take longer if there are complications or delays.
How do Court Orders compare to Consent Orders?
A court order is a ruling made by a judge or magistrate. A court order can be made after a court hearing or trial. In contrast, a consent order is an agreement between the parties that is approved by the court.
When a court makes an order, it is binding on both parties, and they must comply with the order. If a party does not comply with the court order, they can be held in contempt of court, and there may be serious consequences.
On the other hand, a consent order is also legally binding, but it is an agreement between the parties. If a party does not comply with a consent order, the other party can apply to the court to enforce the order. However, if the parties cannot reach an agreement, they may need to go to court, and a judge will make a ruling on the matter.
FAQs
Is there a time limit to doing a property settlement?
Yes, there is a time limit to doing a property settlement. In Australia, you have 12 months from the date of your divorce or separation to apply for a property settlement. If you do not apply within this time frame, you may need to seek permission from the court to proceed.
Can you still proceed if the time limit has expired?
If the 12-month time limit has expired, you can still apply for a property settlement. However, you will need to seek permission from the court to proceed. The court will only grant permission if they believe that hardship would be caused if permission was not granted.
Do consent orders need to be signed?
Yes, both parties must sign a consent order. The order must be signed in the presence of a witness, and the witness must also sign the order. Once the order has been signed, it must be submitted to the court for approval.
Conclusion
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