Avoid court with a consent order
Should you have reached an agreement to finalise your property settlement and or spousal maintenance matters, we are able to provide advice to you as to the most appropriate manner in which to formalise the agreement, dependent upon your circumstances.
Once determined whether a Consent Order best protects your interests, we are able to prepare the documentation on your behalf. In the alternative, should your former spouse’s lawyer have already prepared such documentation, we are able to assist in providing advice in relation to the meaning and effect of the document and of any changes that may be required.
Fortunately, there are several avenues couples can take before ending up at the mercy of a Trial and Judge. We layout the various stages on our page Dispute Resolution.
Ideally, couples come to an agreement before getting to Court and that is where a consent order is needed. You do not need to go to Court to make a consent order, but they do have the same legal effect as if they had been made at a Court hearing.
Get free legal advice concerning a consent order
Our friendly experts in family law are highly experienced in legal matters surrounding relationship breakdowns. Our Gold Coast and Logan offices are open from 8:30 am to 5:00 pm, Monday to Friday. We welcome enquiries at any time and offer a free 15-minute telephone consultation to give you the best advice for your situation.
Frequently Asked Questions
1. What Are Consent Orders?
A Consent Order is a written document which reflects the parenting or property settlement agreement reached, is signed by the parties and witnessed by a Solicitor or Justice of the Peace. Such process involves the Minutes of Consent which detail the terms of the agreement and an Application for Consent Orders which details relevant background information, being filed in the Federal Circuit and Family Court of Australia and a Court Registrar reviewing the terms of the agreement to ensure that they are in a child’s best interests and are just and equitable, in other words, a fair division of assets.
2. How Much Does a Consent Order Cost in Australia?
The costs involved with the preparation of a Consent Order vary depending upon the complexity of your circumstances and the effect of the agreement reached.
3. How Long Do Consent Orders Take?
Once the Consent Order documentation has been prepared by the Solicitor and signed by the parties, they may be filed in Court. The parties are not required to attend Court, but it is an administrative process of the Court in assessing the effect of the agreement reached and once approved, issue sealed Orders. The Court will usually issue sealed Orders within one month after filing.
4. Are Consent Orders Legally Binding?
A Consent Order in Queensland that has been approved and sealed by the Court is legally binding. A Consent Order has the same effect as an Order made by the Court following a Trial.
5. Can the Consent Order be Overturned?
Consent Orders may be varied by way of further agreement being reached between the parties, or upon an Application being made to the Court in some circumstances, including (but not limited to):
- Where it is in the best interests of the children to vary arrangements;
- Where one party has failed to disclose their financial circumstances and effectively “hidden” assets from the other party
Get Legal Advice from Advance Family Law
Get in touch with us through this email: info@advancefamilylaw.com.au You may also explore our website to learn more about our legal services and how we may be able to assist in your matter. At Advance Family Law, we are here to help you.
