Consent Orders are court orders made by agreement between parties in family law matters. They provide a legally binding way to formalize agreements about parenting arrangements, property settlement, and financial matters without the need for a contested court hearing. If parties cannot reach agreement, they may need to consider going to court or alternative dispute resolution methods.
What are Consent Orders?
Consent Orders are formal court orders that are made by agreement between parties rather than after a court hearing. Under the Family Law Act 1975, these orders have the same legal effect as orders made after a trial, but they are based on terms that the parties have negotiated and agreed upon themselves.
Types of Consent Orders
Consent Orders can be made for various family law matters:
- Parenting Orders: Arrangements for children including living arrangements, contact, and decision-making
- Property Settlement: Division of assets, liabilities, and financial resources
- Spousal Maintenance: Ongoing financial support obligations
- Superannuation Splitting: Division of retirement savings
- Child Support: Financial support for children (in limited circumstances)
Benefits of Consent Orders
- Legal Certainty: Court-approved orders with full legal effect
- Enforceability: Can be enforced through the court system if breached
- Cost-Effective: Less expensive than contested court proceedings
- Time-Efficient: Faster resolution than going to trial
- Privacy: Avoid public court hearings
- Control: Parties determine the terms of their agreement
- Finality: Provides closure and certainty for both parties
Requirements for Consent Orders
For Consent Orders to be approved, they must meet certain requirements:
- Both parties must genuinely consent to the orders
- The orders must be appropriate and not contrary to law
- For parenting orders, they must be in the best interests of the child
- For property orders, they must be just and equitable
- Proper court documents must be filed
- The court must be satisfied the orders are appropriate
"Consent Orders provide the security of court orders with the flexibility of negotiated agreements, offering the best of both worlds for resolving family law matters."
The Consent Orders Process
Before pursuing Consent Orders, parties often benefit from family mediation to reach agreement. Obtaining Consent Orders typically involves these steps:
- Negotiation: Parties negotiate and agree on terms
- Drafting: Preparation of the formal court documents
- Review: Both parties review and approve the draft orders
- Filing: Lodging the application with the Family Court
- Court Review: The court considers the proposed orders
- Approval: If satisfied, the court makes the orders
Our Consent Orders Services
When Consent Orders aren't appropriate, you might consider negotiating a settlement through other means. We provide comprehensive assistance with all aspects of Consent Orders:
- Parenting Consent Orders
- Property Consent Orders
- Superannuation Splitting Orders
- Enforcement of Orders
When Consent Orders May Not Be Suitable
Consent Orders may not be appropriate when:
- Parties cannot reach agreement on key issues
- There is domestic violence or safety concerns
- One party is not negotiating in good faith
- Complex legal issues require judicial determination
- Urgent court intervention is required
Alternatives to Consent Orders
If Consent Orders are not suitable, alternatives include:
Enforcement and Variation
Once made, Consent Orders:
- Are legally binding on both parties
- Can be enforced through the court system
- Can only be changed by further court order or agreement
- May be varied in certain circumstances
- Breach can result in penalties or enforcement action
Why Choose Jarrah Legal for Consent Orders?
Our experienced family lawyers provide:
- Professional legal advice on your rights and options
- Skilled negotiation to reach fair agreements
- Professional drafting of court documents
- Guidance through the court approval process
- Ongoing support for enforcement and variations
- Cost-effective solutions tailored to your needs
Contact Jarrah Legal today to discuss how Consent Orders can provide a secure and efficient resolution to your family law matters.