Consent Orders Australia
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Consent Orders
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Kate Austin is a very different family law firm – We love clients who do not want to fight.
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Our Solution is simple a designed to assist clients who have an agreement.
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Kate Austin Family Law is a Family Law firm dedicated to providing Family Law agreements to people who know what is the best solution for them and have an outcome that all parties are satisfied with. Not only do they save $1000’s in legal fees their matter is finalised in months not years.
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Consent Orders – Your Questions Answered
Consent Orders – What are they?
Consent Orders are a way for parties to formalize an agreement they’ve reached dividing their assets and liabilities or formalizing the arrangements for the future care of their children Without having to go to court. It is done by making an application to the Family Court Which sets out the specifics of the agreement that you’ve reached. Once the court makes Orders in accordance with your agreement it becomes legally binding in the same way as if the court had made Orders pursuant to a contested hearing. Property settlement Orders and the financial relationship between you and Orders a formalizing your parenting arrangements give you both peace of mind for the future.
What financial matters can and can’t a Consent Order deal with?
Financial Consent Orders include the transfer of assets between the parties on the sale of assets and the division of the net proceeds of sale. Any assets can be included such as real estate, bank accounts, trusts, companies, cars and superannuation.
Financial Consent Orders cannot however deal with child support matters. The child support agency typically looks after the payment of child support and you can enter into your own private child support agreement if you want to However these are not matters that are covered by Consent Orders.
Do I need to obtain legal advice for Consent Orders?
It is not mandatory for parties to Consent Orders to have obtained their own independent legal advice although it is generally a good idea as it gives both parties peace of mind that they are entering into Is an informed decision. Some parties obtain their own independent legal advice and then come together to reach their own agreement And then have it drafted without any further legal advice being obtained.
Are Consent Orders enforceable in the Family Court?
Once the family court makes Consent Orders in accordance with your agreement they have the same force and effect as if a court had made the Consent Orders pursuant to a contested hearing. This means that if the Consent Orders are breached by one party then the non-defaulting party can take a matter back to court and ask the family court to enforce the Consent Orders Or for some other appropriate remedy. Typically however once court Orders are in place most people comply with them especially if they have been made following an agreement reached between them.
Is there a cooling off. When signing Consent Orders?
Once Consent Orders have been made there is no cooling off. And you have no opportunity to change your mind. If it is for this reason that you should carefully consider all of the provisions in any proposed Consent Orders and obtain independent legal advice in relation to them if you are at all uncertain prior to signing them. You do have an opportunity between when the documents are filed with the criminally court and when the Orders are made to withdraw your Consent as the court cannot make Orders if your Consent is withdrawn.
What are the main advantages of Consent Orders?
The main advantage of obtaining Consent Orders is the peace of mind that it gives to both parties. A Consent Order will finalize your matter in relation to your property settlement and in sure that neither party is able to come back in the future for another settlement. parenting Consent Orders will also set in stone in the future arrangements for your children so that neither party can change their mind if they circumstances change in the future. Whilst there are costs associated with obtaining Consent Orders most people find that this is far outweighed by the benefits.
Consent Orders – Why do you need them?
In property settlements Consent Order to finalize the financial relationship between you so that neither party can come back at a future date and make a claim to the other parties assets in the future. You can also obtain a stamp duty exemption in relation to the transfer of real estate between parties who were in a relationship.
For parenting matters locking in an agreement means that neither party can change their mind about the children’s care arrangements if their circumstances change. The Consent Orders are legally binding and can only be changed by agreement between the parties or a further court application.
Spousal maintenance and Consent Orders
Spousal maintenance is the payment by one party to their ex partner Of a sum of money with that by way of lump sum or regular installment On account of one party being in a position to assist the other and the second party being unable to support themselves adequately. Spousal maintenance Orders can form part of your Consent Orders And a legally binding once made.
Consent Orders who prepares them?
Whilst some parties prepare their own documents this can lead to problems Because it is very important that the Consent Orders are drafted in a way that ensures that they are legally binding and can be enforced. Having a solicitor with family law experience also ensures that there is no ambiguity in your documents and that nothing is left out. Poorly drafted Consent Orders can also result in a fresh application having to be made at some future date and so It is generally a better idea to have someone who has a good understanding of how the documents must be drafted prepare your documents for you.
What happens if my partner doesn’t comply with a Consent Order?
If you are having trouble with your former partner complying with the Consent Orders the first option is always to speak with them and see if Things can be varied or arrangements can be made so that the Consent Orders are complied with. Attending mediation can also assist with having what is complied with. If all else fails either party can make an application to the court to enforce the Consent Orders by filing an application and a supporting affidavit. The code has a number of remedies available to ensure that the Orders are complied with.
What are the costs of a Consent Order?
Well to most lawyers will provide quotes for fixed fees for the preparation of Consent Orders what the fixed fee includes can vary quite significantly and the associated cost can vary significantly. If you have not yet reached an agreement then the cost is likely to be significantly higher than if your agreement has been finalized. If you are require independent legal advice the cost will also increase. Most of the night fence will charge somewhere in the vicinity of 4 1/2 to $7000 depending on what it is you require. You can obtain a quote online here.
Your Personal Guide Every Step of the Way
Creating and getting Court approval for a Consent Order can involve a lot of hurdles. This is the guidance you’ll get from Kate Austin when you need a Consent Order drafted and finalised.
Contact Us
Kate Austin Family Lawyers
Head office:
Level 54, 111 Eagle Street
Brisbane QLD 4000
Sydney office:
Level 4, 20 Bond street
Sydney, NSW 2000
Office Hours
Monday – Friday: 10 – 5PM
