Consent orders are formal and written agreements agreed on by the parties and can address both property/financial consent orders and parenting arrangements, known as Parenting Consent Orders, they are orders that are made to the Family Court of Australia to make binding once the court determines that the orders sought are just and equitable and will bring the financial affairs of the parties to an end.
Unlike Binding Financial Agreements, you do not need to seek independent legal advice when filing the consent orders to the court to make them binding, which can make consent orders difficult to overturn.
If consent orders include parenting arrangements then the court must be further satisfied that the agreement is in the best interest of the children involved (see further information under parenting orders.
You must be separated before you can apply for Consent Orders.
Separation can exist even if the parties are residing under the same roof, they just need to no longer be romantically involved as Husband and Wife or as domestic partners.
The usual process of preparing and obtaining Consent Orders are:
Time Limits that exist for applying for Financial/Property or Parenting Consent Order:
Advantages of Consent Orders:
Speak to our Gold Coast family lawyers today for more information.
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