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Kate Austin Family Law

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24.01.2022 11. How long does it take to process a Consent Order Generally you should allow at least 28 days for the court to process your Application and Minute of Order sought, although it can take longer or shorter depending on the time of year and the registry in which you file your documents. If there are problems with your documents, the process will take longer as the documents are returned to you with questions you need to answer before the matter is reconsidered.

24.01.2022 Is there a cooling off period when signing Consent Orders? There is no cooling off period once Consent Orders are made. Once Orders have been made by the court that is the end of the matter and unless it can be established by a fresh application to the court that the Consent Order should be set aside then they will remain in place. It is for this reason that it is often a very good idea for parties to both obtain independent legal advice prior to signing off on Consent Order...s, particularly if they have any doubts or reservations about their position or to give themselves plenty of time to consider the Orders that are proposed to be made prior to signing them. It is possible to withdraw your Consent to the making of Consent Orders between the period that you sign them and prior to the court considering the matter and making Orders in accordance with the documentation that has been submitted to the Court. If Consent is withdrawn, then the court no longer has any jurisdiction to make Consent Orders. Usually the court takes around four weeks from the time that the signed documents are submitted to the court until the Consent Orders are actually made, so there is time to withdraw your Consent in this intervening period. You or your solicitor would need to notify the court of the withdrawal of your Consent as soon as possible to ensure that the withdrawal of Consent was noted before the court determined the matter, as once the Consent Orders are made, it is very difficult to have them changed.

24.01.2022 What happens if you breach a Consent Order? The implications of breaching a court Order are the same whether the Order was made by Consent or pursuant to a contested hearing. Ordinarily the court will want to see the Order complied with and it can sometimes be the case that no other Orders that might otherwise be punitive in nature are made if it appears as though the Orders will be complied with in the future. For many people, the prospect of having to attend court and ans...wer questions about why you have not complied with an Order is enough to ensure compliance with the Orders in the future without a further penalty being imposed. If the court is minded to impose some sort of penalty it will have regard to the nature of the breach and whether it was a minor or major breach of an Consent Order. It may also take into consideration how many times the Consent Order has been breached and the reasons why it has been breached in determining an appropriate penalty. For a breach of a parenting Order, typically the court might only issue a warning for a minor breach or it may Order a party to attend a post separation parenting program. In more serious cases however, it might Order a party to pay a fine or to pay all or some of the legal costs of the other side. At its highest the court has the power to imprison parties for breaching court Orders will though this is a rare outcome and would require a very serious breach of the Orders to have been found. Other things that the court can do when they are looking at what to do after a court Order has been breached include changing or varying the Orders, suspending an Order or discharging an Order. An Order can also be made in a parenting case compensating the other person for lost time with their child or children if this is the nature of the breach.

21.01.2022 Who prepares the terms of a Consent Order? It is important that your Consent Orders, whether they deal with property matters or matters pertaining to the future care arrangements for your children, are drafted in a way which makes them unambiguous and that they are set out in a way that makes them legally binding and enforceable.. You will find that if you submit proposed Consent Orders to the Family Court and they are not drafted in a way that enables the court to enforce t...hem that the court will reject them and ask them to be resubmitted. The idea is that if one party does not follow the Consent Orders then the other party must be able to take the matter to court and ask for the court to enforce the Consent Orders. If the Consent Orders are not capable of enforcement then the court will not be able to enforce them for you. Accordingly although some people do draft their own Consent Orders, it is not something that is generally recommended. A good lawyer will draft Consent Orders in a way that ensures that they will cover all scenarios and leave no room for ambiguity. Well drafted Orders also ensure that everything is covered and nothing is accidentally left out which can lead to a situation arising down the track where one party is left in a position where they can’t enforce the Consent Orders because they were not properly drafted or because something was inadvertently left out. In broad terms, there is usually a good reason to get a plumber to do your plumbing, or an accountant to do your tax return. The same reasons you’d get professionally qualified people to assist with other aspects of your life apply to getting a lawyer to draft your Consent Orders. Poorly drafted Consent Orders can see you having to make a court application down the track to rectify something that wasn’t done property, and the matter can end up being far mor expensive and protracted than it could have been if the documents had been drafted correctly in the first place.

20.01.2022 In Consent Orders what is a Minute of Consent? A ‘Minute of Consent’ is the document you submit to the Family Court setting out the Orders you’re asking the court to make on your behalf. It must set out in detail what each party is required to do and by when and it must be drafted in a way that is legally binding before the court will make Orders in accordance with the agreement.

19.01.2022 Why get Consent Orders are better than a parenting plan? A parenting plan is not legally binding and cannot be enforced by the Family Court. It is a record of the agreement that you and your former partner have reached but he’s not a legal document. Consent Orders will contain much of the same information as a parenting plan although it will be worded in a way that ensures that there is no room for ambiguity. Consent Orders have been made by the Family Court and are therefore legally binding and enforceable by the Family Court.

18.01.2022 Does a Consent Order need to be signed by a solicitor? Consent Orders do not need to be signed off by a solicitor. In fact neither party is required to obtain independent legal advice in relation to proposed Consent Orders before signing off on them. Quite often when parties are in agreement with one another they do not seek independent legal advice and a solicitor does not therefore sign off on the documents being filed. The documents required to be filed with the court do ...not need to be witnessed, whether by a Solicitor or a Justice of the Peace, or indeed by anyone, and both parties can simply sign the documents themselves. The obtaining of Consent Orders should however be contrasted with parties who sign off on a Binding Financial Agreement which is a very different document, albeit one which achieves the same result in that it finalizes the property settlement between the parties. Each of the parties must obtained independent legal advice prior to signing off on a Binding Financial Agreement and there are no exceptions to this rule. Each party’s solicitor must sign a certificate which forms part of the Binding Financial Agreement indicating that they have given advice to their respective clients about the agreement and its advantages and disadvantages. The requirements of each document are very different, predominantly because a Binding Financial Agreement is not filed or ratified by a Court and is essentially a contract reached between the two parties to the relationship. Consent Orders are filed with the Court and reviewed by a Judicial Officer and accordingly there is a safety net of sorts in place which protects the parties to some extent, which protection does not exist in relation to a Binding Financial Agreement. Having said that, it is typically a good idea for parties to have had some legal advice prior to signing off on Consent Orders, even if a solicitor does not review the Consent Orders prior to their being filed, as this gives me the parties peace of mind that what they are agreeing to is within the scope of what is fair and reasonable having regard to the circumstances of their case.

18.01.2022 The easiest way to change your Consent Orders is with the Consent of the other party. We therefore always suggest to people that they first speak with the other party about their willingness to change the Consent Orders prior to taking things further. If both parties are agreeable to changing their Consent Orders then an application to the court can be made to obtain fresh Consent Orders or Orders that vary the current Orders. If you do not have the Consent of the other par...ty then the circumstances in which the court will enable you to change your existing Orders are fairly limited. Before the court will change your parenting Consent Orders it must be satisfied that there has been a significant change in circumstances since the Orders were made that warrants them being reviewed and reconsidered. The court is reluctant to reopen parenting matters and put children through further litigation if it can be avoided. There are only a limited number of circumstances where you can ask the court for property Consent Orders to be varied or set aside. For example you must be able to establish that there has been a miscarriage of justice by reason of fraud, duress, suppression of evidence or the giving of false evidence in Order to re-open your property case. Alternatively you have to establish that in the circumstances that have arisen since the making of the Orders it is impracticable for the Consent Order or Orders to be carried out. You could also establish that a person has defaulted in carrying out an obligation required by an Order or that circumstances of an exceptional nature relating to the care welfare and development of a child of the relationship have arisen since the making of the Consent Order that means it should no longer apply. The circumstances in which you can apply to set aside a property settlement Order are very limited and so you should ensure that you review the Orders carefully before signing off on them. w

18.01.2022 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.

17.01.2022 Is a Consent Order binding and enforceable? In simple terms, yes, Consent Orders are legally binding and enforceable in the same way as if the matter had gone through the court system as a litigated matter and the court had made Consent Orders at the end of a contested final hearing. It is however most commonly the case that once there are court Orders in place, both parties do comply with them. Particularly when the Consent Orders have been made by Consent, it is our exper...ience that the parties to them are generally happy to follow them, as fundamentally the Consent Orders are based on something that they were happy to agree to at the time. It is important to remember that a Consent Order pertaining to the future care arrangements for children is very different to a parenting plan. Parenting plans are not legally binding nor enforceable, and are often drafted in a way that means that they couldn’t be enforced in any case. Many people attend mediation and a parenting plan is prepared that they are both happy with. They then come to us and ask for the document to be redrafted in a way that can be enforced, that is, as Consent Orders. They then both sign off on that and Consent Orders are obtained in accordance with their agreement, and largely in accordance with the parenting plan.

16.01.2022 There is no practical difference between a court Order and a Consent Order in the sense that both are legally binding and both are legally enforceable by the Court. The difference between the two however is that a Consent Order is made by agreement between the parties. That is to say, both parties are asking the court to make the Consent Order following an agreement having been reached between them. Court Orders can either be made by Consent or not by Consent. If parties are... in the Family Court and there are court proceedings on foot the court will often make Orders that either progress the case or which dictate to the parties what they are required to do, whether by way of property settlement or in relation to the future care arrangements for their children. In the latter instance, the court makes Orders after having heard evidence from both parties with respect to their respective positions and the outcomes being sought by each of them. Because the parties are not themselves able to reach an agreement that the court can make Orders in accordance with, the court imposes court Orders upon them, based on the evidence that each puts before the court, which they are then required to comply with, whether they like them or not. So in essence a court Order is an Order that is made by a judge and one which is not usually negotiated between the parties. A Consent Order is a court Order that contains terms that the parties have agreed to or Consented to themselves. #consentorders #propertysettlement #familylaw #kateaustinlaw #financialagreement

15.01.2022 Can I be divorced or decree absolute before I apply for Consent Orders? There is no legal requirement that you must apply for a divorce prior to finalising your property settlement or finalising the future arrangements for the care of your children. On the contrary, for most people it is more important and much more of a priority to settle their children’s arrangements and/ or to finalize their property settlement prior to making an application for divorce. In Order to make ...an application for divorce you must have been separated for a period of at least 12 months and it is often the case that there are pressing matters that need attending to in terms of property and children’s issues well prior to this deadline. Many people wait until after their Consent Orders have been made before making an application for divorce and they look at this as the final step in their separation rather than the first step. Once your divorce becomes final, you have a 12 months in which to make an application to the Family Court for a property settlement. In reality if you are applying for Consent Orders then the court will have no difficulty in making Orders for a property settlement or indeed to finalize the future care arrangements for your children by Consent notwithstanding that it has been 12 months since your divorce became final and obtaining the court’s leave in this regard is rarely a problem. It is nonetheless the case that you can certainly apply for a divorce prior to obtaining a property settlement if you want to, but practicalities usually mean that a property settlement is being attended to, either conjunctively with or prior to an application for divorce being made.

14.01.2022 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.

13.01.2022 What are the main disadvantages of Consent Orders? If you are clear on your agreement and you instruct a lawyer simply to draft up the Consent Order agreement in accordance with your instructions then there really should be no disadvantage associated with the process apart from the cost. It is certainly worthwhile to shop around and find a lawyer that meets your specific needs. If you don’t want someone negotiating on your behalf for your Consent Orders and you don’t want someone giving you advice when you have already reached an agreement you are happy with then don’t pay for it.

13.01.2022 How do I apply for a Consent Order? The court requires you to file two documents in Order to have Consent Orders made. Firstly, you have to file a document entitled Application for Consent Orders. For a property settlement, this document sets out all of your assets and all of your liabilities as well as a table which explains in mathematical terms what the Consent Orders say in words in terms of the outcome. There are also questions about what each party contributed to th...e relationship, and whether there are any ‘future needs’ issues that the court needs to have regard to. . If you are seeking parenting Consent Orders your Application also answers questions with respect to the children, most notably in relation to their current living arrangements, and their health and education and financial support. Secondly, you also have to file a Minute of Order which sets out in detail all of the Consent Orders that you are asking the court to make. For a property settlement, you must detail who will retain what in terms of assets, who will pay for what in terms of liabilities, and whether there will be any transfers of assets or liabilities as between the parties. For a parenting case, you might to set out how much time the children will spend with each party including time on special occasions such as birthdays and Christmas. You can also ask for Consent Orders about other things such as travel arrangements, supervision and the children’s extracurricular activities.

12.01.2022 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.

12.01.2022 What happens if you breach a Consent Order? The implications of breaching a court Order are the same whether the Order was made by Consent or pursuant to a contested hearing. Ordinarily the court will want to see the Order complied with and it can sometimes be the case that no other Orders that might otherwise be punitive in nature are made if it appears as though the Orders will be complied with in the future. For many people, the prospect of having to attend court and ans...wer questions about why you have not complied with an Order is enough to ensure compliance with the Orders in the future without a further penalty being imposed. If the court is minded to impose some sort of penalty it will have regard to the nature of the breach and whether it was a minor or major breach of an Consent Order. It may also take into consideration how many times the Consent Order has been breached and the reasons why it has been breached in determining an appropriate penalty. For a breach of a parenting Order, typically the court might only issue a warning for a minor breach or it may Order a party to attend a post separation parenting program. In more serious cases however, it might Order a party to pay a fine or to pay all or some of the legal costs of the other side. At its highest the court has the power to imprison parties for breaching court Orders will though this is a rare outcome and would require a very serious breach of the Orders to have been found. Other things that the court can do when they are looking at what to do after a court Order has been breached include changing or varying the Orders, suspending an Order or discharging an Order. An Order can also be made in a parenting case compensating the other person for lost time with their child or children if this is the nature of the breach.

11.01.2022 How does a Consent Order work? In essence a Consent Order works in exactly the same way as any court Order. Provided that it is properly drafted it should be enforceable in the same way as any other court Order is otherwise enforceable. So this means that if it is breached or somebody doesn’t comply with it then the non-defaulting party can list the matter before the court and ask for the Consent Order that has not been complied with to be enforced. There are penalties that ...can be imposed by a court for a failure to comply with court Orders. Quite often the court’s objective in family law matters is to see the Consent Orders complied with rather than imposing any penalty on the defaulting party. Frequently, a non-complying party will be asked to participate in and complete a parenting course, which often results in the Consent Orders not being breached again in the future. However the court does have a number of other powers that it can use that are more punitive in nature if Orders continue to be breached by one party. Typically however court Orders are complied with by parties and particularly where they are made by Consent, the parties are generally quite happy to comply with them in circumstances where they arise out of an agreement reached between the parties. Consent Orders do give both parties peace of mind, knowing that they are reliable and enforceable if necessary, but often just having them is enough and they don’t often require enforcing. They also have the benefit of setting out clearly, and unambiguously what each party is required to do, minimising the opportunity for conflict to arise between the parties.

10.01.2022 What are some disadvantages of signing Consent Orders? In our experience, there is usually no disadvantage with obtaining Consent Orders. Whilst it is the case that they cost money to prepare and require the services of a solicitor, most parties find that the financial advantages and peace of mind associated with obtaining Consent Orders far outweighs any downside. It is the case however that Consent Orders relating to spousal maintenance can, in some circumstances, be vari...ed by the court notwithstanding that they might form part of your Consent Orders. There are very specific criteria that the court must be satisfied of in relation to spousal maintenance applications and it is therefore not all that easy to have Consent Orders pertaining to spousal maintenance overturned however it can be done. If spousal maintenance is a significant issue for one or both parties then it may be the case that a binding financial agreement is a better option than Consent Orders, as this will more likely result in both parties being precluded from bringing an application for spousal maintenance against the other party in the future through the Family Court. However broadly speaking, there are very few disadvantages to having Consent Orders in place. See more

09.01.2022 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. #consentorders #propertysettlement #familylaw #kateaustinlaw #financialagreement

09.01.2022 Consent Orders do not need to be signed by a solicitor nor even drafted or reviewed by a solicitor, however it is a good idea to have an experienced family law lawyer draft your documents for you, as that way you know they are done properly and cover off everything in the way you intend them to. #consentorders #propertysettlement #familylaw... #kateaustinlaw #financialagreement See more

08.01.2022 Consent Order v a Court Order Is there a difference? Both Consent Orders and court Orders have the same effect in that they are both legally binding and enforceable. The main difference is that often court Orders are imposed upon parties during the course of litigation and contested court proceedings and the parties have not agreed to them. In all instances Consent Orders are made following an agreement reached between the parties. #consentorders #propertysettlement... #familylaw #kateaustinlaw #financialagreement See more

08.01.2022 How do I apply for a family court Consent Order? If you do not already have court proceedings on foot before the Family Court then there are two documents that must be filed with the Family Court in Order to obtain Consent Orders. The first document is called an Application for Consent Orders. For property matters this document out each party’s background and income and then each party’s assets and liabilities including their superannuation. At the end of the document the...re is a table which sets out a mathematical summary of the outcome that is being proposed in a monetary format. The court can readily identify from this the overall percentage split and this assists them with determining whether the outcome is fair and equitable. For parenting matters the current arrangements in relation to the children including their current living arrangements, education, health and other matters are set out in the application for the court to consider. The second document that must be filed Is a Minute of Order which in essence sets out precisely the Orders that you are asking the court to make, both in relation to property settlement and for parenting matters. Provided that the documents are properly drafted and all relevant information is contained and provided that the court considers that the outcome in relation to a property settlement is fair and equitable and that the outcome in relation to parenting Orders sought it is in the best interest of the child or children, then court Orders will usually be made in accordance with the documents filed. It is important to note that the Family Court will never vary the Consent Orders that you have submitted to something it considers more ‘fair’ or practical. If the court has concerns with what you have submitted, it will issue a requisition which you will be required to answer, addressing the Court’s concerns. The matter will then be reconsidered after the requisition has been properly addressed.

08.01.2022 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

07.01.2022 Consent Orders for a fixed fee in 24hrs - Simple really.

07.01.2022 Does each party need to obtain independent legal advice for Consent Orders? Whilst it is always a good idea to obtain legal advice prior to signing off on Consent Orders, it is not mandatory. Many people are in the situation where they have reached an agreement with a former partner that they are happy with and they do not wish to obtain advice in relation to what might otherwise happen were the matter to proceed to court and be contested. In some instances, it is unfortunat...ely the case that having a solicitor can result in the matter becoming protracted as lawyers providing advice are always very careful to ensure that all bases are adequately covered. For many people, their agreement, or the fact of their having reached an agreement is a fairly simple matter and they simply wish to get on with things and not have the delay that can sometimes arise when both parties retain legal representation. Some people have struggled over a lengthy period of time just to get to the point where they have an agreement with the other person, and they don’t wish to see a solicitor get in the way of that, which unfortunately can happen. Some people get independent legal advice before sitting down with their former partner and discussing their property settlement outcome or proposed parenting Consent Orders, with both parties having had the benefit of legal advice. They then don’t seek advice in relation to the proposed Consent Orders, once drafted, but are satisfied that they have obtained the information that they need in Order to make informed decisions about the outcome. It should be noted in this regard that Consent Orders are very different to a binding financial agreement in that whilst both documents finalize a property settlement between separating parties, both parties are required to obtain independent legal advice prior to signing off on a binding financial agreement whereas neither party is required to obtain independent legal advice prior to signing off on Consent Orders.

06.01.2022 Why do I need a Consent Order? There are a number of good reasons why it is a good idea to obtain Consent Orders. We find that many of our clients have an agreement in relation to the division or of their assets or the future care arrangements for their children but they want to lock it in to a formalized document. Not only does this mean that all of your assets and all of your liabilities are covered off in your Consent Orders, there are timeframes for when things must hap...pen, so nothing is left to chance and there is no room for ambiguity. If you are looking to transfer a property from joint names to the name of just one party then you can avoid the stamp duty provisions that otherwise apply upon a transfer of real estate as having family court Consent Orders means you can obtain a stamp duty exemption. This can be a significant saving for parties. When it comes to children’s matters locking in arrangements for the care of children of your relationship means that these arrangements cannot be changed down the track if one party’s circumstances change or they just change their mind about things. Sometimes, for example, one party decides they wish to move away, or they might re-partner and this then upsets the careful balance that was previously in place. Rather than risk one party deciding that they no longer wish to follow a long-standing agreement, which can readily be done if the agreement was never finalized, Consent Orders mean that the parties are bound to continue to follow the Consent Orders in relation to their parenting arrangements, regardless of any change to either party’s circumstances, which gives both parties peace of mind.

06.01.2022 What is the application process for a family court Consent Order? You need to file an Application for Consent Orders which gives the court relevant background and a basis upon which to determine that the Orders are fair, which it must find before making them. You then need to file a Minute of Order which sets out in detail the Orders that you’re asking to be made by the Court.

04.01.2022 Consent Orders - Assisting Mortgage Brokers and clients with fixed fee agreements in 24hrs

04.01.2022 Consent Order v a Court Order Is there a difference? Both Consent Orders and court Orders have the same effect in that they are both legally binding and enforceable. The main difference is that often court Orders are imposed upon parties during the course of litigation and contested court proceedings and the parties have not agreed to them. In all instances Consent Orders are made following an agreement reached between the parties. #consentorders #propertysettlement... #familylaw #kateaustinlaw #financialagreement See more

04.01.2022 How are Consent Orders applied for in the Family Court? The court requires you to file two documents, being an application for Consent Orders and a minute of Order. The application for Consent Orders sets out a lot of background and historical information as well as your current assets and liabilities. It didn’t sit out who will retain water in a column format. The minute of order must set out precisely the Orders that you are asking the court to make on your behalf. The cou...rt will not draft Consent Orders for you and it is for this reason that most people have a family law a solicitor draft the documents on their behalf. The application for Consent Orders sets out a lot of background and historical information as well as your current assets and liabilities. It then sets out who will retain what in a column format. The minute of order must sit out precisely the Orders that you are asking the court to make on your behalf. See more

03.01.2022 There are very few circumstances in which a quote will be prepared to re-open a matter and set aside Consent Orders that have been previously made. In the property settlement they’re very strict criteria that Your case must fall within before I can quotable consider setting aside an Consent Order for Orders made. For parenting cases the court must initially be satisfied that there has been a significant change in circumstances such as would warrant the reopening of the case b...efore it will even consider changing the Orders that have been made. #consentorders #propertysettlement #familylaw #kateaustinlaw #financialagreement

03.01.2022 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.

03.01.2022 Yes you can make a divorce application before you obtain Consent Orders, however most people look to finalise their property settlement or their children’s arrangements with Consent Orders prior to filing for divorce, as you need to be separated for twelve months before making a divorce application and often, people like to have Consent Orders made well within this time frame. #consentorders #propertysettlement #familylaw... #kateaustinlaw #financialagreement See more

02.01.2022 What is the principle of a Consent Order? Essentially a Consent Order works the same way as any Court Order. If properly drafted it sits out precisely the obligations that are imposed on each party with her in relation to the finalization of the property settlement for the future care arrangements for the children. They require careful drafting because if one party does not comply with the Consent Orders the non-defaulting party needs to be able to apply back to the court and ask for the Consent Order to be enforced Court Orders very specific and make it very clear what each parties obligations. They then intern make it very clear to the court he’s looking to enforce an Order.

02.01.2022 Are Consent Orders legally binding? Consent Orders are exactly the same as any other Court Order. Once the court makes Consent Orders in accordance with the agreement that you have reached they become legally binding and enforceable in the same way as if a court had made them pursuant to a contested hearing. Being legally binding means that if they are breached the non-defaulting party can bring them up before the family court and ask for the Consent Orders to be enforced or for some other appropriate remedy.

01.01.2022 Are Consent Orders final? Yes Consent Orders are final. Unless you have an application before the court and there are interim Orders in place Consent Orders are final and operate into the foreseeable future. The legislation requires the court to make Consent Orders that finalize the financial relationship between the parties. The code also considers that it is not in the best interests of children for their matters to be litigated again and again and so Consent Orders are made with a view to Creating the least likelihood of the matter ever having to come back before the court again.