CONSENT ORDERS
Consent Orders are generally the best way to formalise an agreement reached about property and or parenting matters.
To do this an Application for Consent Orders is to be filed with the Federal Circuit and Family Court of Australia. The Application should contain or have attached proposed Orders detailing the agreement reached, generally with time frames to comply with the agreement.
The application seeks:
- General information about each party;
- Details about the relationship;
- Details about other court matters;
- Details about any children;
- Details about the orders sought;
- Details of all income, assets, liabilities, debt, superannuation and financial resources of the parties; and
- Details about the financial effect of the proposed division (for property orders only).
Due to the nature of the document and the precise drafting of the Orders sought we encourage you to seek assistance from our separation lawyer.
The documents are required to be signed and lodged with the court which incurs a $180 Court filing fee.
Within about 6-8 weeks a Registrar of the Court will review the Application and proposed Orders to ensure the agreement is in accordance with the Family Law Act. If the Application is drafted properly and in accordance with the Family Law Act and are found to be appropriate Orders the Court Judicial Registrar will approve them and will return the Orders sought in the form of Sealed Court Orders.
If not satisfied that the Orders are just and equitable the court may request more information.
Your Sealed Court Orders are legally binding and commence from the date they are made by a Registrar of the Court.
Generally, Consent Orders are the best way to formalise both parenting and property agreements.
Binding Financial Agreements
Binding financial agreement are an alternative way to formalise a family law property agreement by consent.
These documents need to comply with the provisions in the Family Law Act to be binding. There is a requirement that each party have independent legal advice with respect to the contents and effect of the agreement, and the advantages and disadvantages. Our family law separation lawyer can advise on these documents to ensure it is compliant with the Family Law Act.
These documents are not provided to the court to become effective. As such, there is greater flexibility within these documents.
Our separation lawyer can advise you on the best option for your circumstances to formalise the agreement reached and can assist you to draft the documents to ensure you have a legally binding agreement.
Contact us on 1800 300 170 or email us at famlaw@matthewsfolbigg.com.au
Disclaimer
Family law situations can be complex and sometimes they can involve serious issues. Information outlined is proposed to provide general guidance only. Due to the seriousness of legal matters as well as the uniqueness of your individual situation, professional advice should be sought. For advice, please contact one of our Family Lawyers.
