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What are Consent Orders?


Consent Orders are a popular method of making a separation agreement formal and enforceable, whether it is reached privately, in family dispute resolution, or by negotiation between lawyers. Consent Orders are made by the Family Court or the Federal Circuit Court but, unlike other orders, they are made with the prior consent of both parties. Consent Orders state the agreed position reached on issues during family dispute resolution and/or settlement negotiations. Consent orders can be made about almost every matter within the jurisdiction of the Family Law Act 1975. They have the same level of authority, certainty and enforceability as any other court order.

You should obtain legal advice prior to applying for consent orders with the Family Court or Federal Circuit Court as once the orders are made, depending on the circumstances, it can be difficult to amend the Consent Orders.

The court is not bound to make all and any orders that parties apply for ‘by consent’. In an Application for Consent Orders, the court will usually need to have all the relevant evidence before it as the court may consider the same factors as it would if it were making the orders without consent. If the court is not satisfied that the consent orders are proper or just and equitable, it may decline to make the orders entirely or it may ask the parties to appear in court to provide further information.

The Application for Consent Orders will generally require detailed financial information from each party if you are seeking orders in relation to property and/or financial issues. Besides the information required to be provided on the form, the parties making the application must also make “full and frank disclosure” about any other financial circumstances, such as, any trusts or property sold in the last 12 months prior to separation as well as superannuation.

Generally, you are required to explicitly set out the orders you and your partner specifically seek in an additional document usually referred to as Terms of Settlement which is attached to the Application for Consent Orders. It is vital that you understand and obtain legal advice in relation to effectively negotiating the terms of your settlement and the effect of the Application for Consent Orders.

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

Navado Lawyers & Solicitors has the expertise to assist you with your property settlement matter.  To discuss your legal matter with a Sydney Family Lawyer, please contact Navado Lawyers Sydney by phone on 02 9233 4048 or email us at info@navado.com.au.  This article was published by Sandra Mezher, Family Lawyer Sydney.

 

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