What is a consent order and when do I need one?

In many cases, former partners can resolve their property or parenting settlement by mutual agreement outside of court, but still in accordance with the Family Law Act with a consent order or Financial Agreement. In some cases, however, one or other may not be recommended. If both parties cannot agree on the division of assets, if there is unequal bargaining power, or one party is being unjust and inequitable, it’s recommended that a consent order is filed in court. A consent order is where both parties come to an agreement of the terms, and it is put before a registrar to seal, making it a court order.

Even if you are able to reach an agreement with your former partner, it is important that a qualified family lawyer has read over it, firstly to ensure it is accurate and will be accepted by the court to make it legal, and secondly to ensure you are receiving what you are entitled to. Both consent orders and Financial Agreements are legally binding on both parties, however, it is easier to enforce consent orders than financial agreements, as breaching court orders can have serious consequences.

We offer fixed fee drafting and filing of consent orders so you know exactly how much you will need to pay, and have confidence that the orders will be drafted and approved quickly. Contact us for a no-obligation, no-fee initial consultation to discuss your circumstances and how we can help resolve your asset division and let you move on as quickly as possible.

How can we help you with Consent Orders?

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