As the name suggests, Consent Orders are orders that are made by the Court by agreement between the parties. Consent orders can be made in relation to property division as well as the care, welfare and development of your child or children. Where orders are made in relation to children, the Court will consider whether the orders are in the best interests of the child or children before making the order. Our Family Lawyers are experienced in taking instructions, drafting and advising upon consent orders and negotiating with your ex-spouse or ex-partner with a view to resolving matters amicable, where possible.
Before consent orders can be made by the Court, the parties will usually consult and negotiate with each other, with a view to reaching agreement as to what the proposed consent orders ought to be. Once an agreement has been reached, where property orders are being sought, a Form 11 must be completed and filed with the court within two (2) months of the parties signing the proposed order or orders. Other documents that need to be included may be:
- An Affidavit;
- Marriage Certificate; and
- A Superannuation Information Form, if required.
Consent orders can also be made to vary or discharge existing Family Court orders. To make the consent order or consent orders for the variation of existing orders, the Court must be satisfied, amongst other things, that the orders are comprehensive and enforceable.
Errors can be made when drafting an application for consent orders, which may mean that the Court may reject the order. There are a number of advantages of having consent orders. For example, an obvious advantage is the fact that the parties at all times, subject of course to the approval of the Court, will have control of the result of the proceedings and there is certainty of the outcome.
The Family Lawyers at Navado Lawyers & Solicitors can assess your case and ensure that all appropriate documentation is prepared and lodged with the Family Court, to maximise the prospects of ensuring that the consent orders are clear and enforceable. Book your free first consultation with one of our highly experienced Family Lawyers to prevent wasting your time and to reduce the potential for further disputes. To book an appointment, please contact us by telephone on (02) 9233 4048 or email us to firstname.lastname@example.org. Please peruse our "Locations" tab for a complete list of our office locations.
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.
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