Consent Orders are almost always the ultimate way to legally document a separation contract.
The goal of this post is to offer you information about the benefits associated with Consent Orders and the steps involved in obtaining them.
What are Consent Orders?
The Family Judge encourages visitors to reach an agreement about family laws matters due to separation, including:
– the section of romantic relationship property (known as a property settlement);
– spousal maintenance; and/or
– parenting arrangements.
If you have reached an contract with your ex – partner and want the arrangement to become formal and binding Order, you must apply to the Family Court for ‘Consent Orders’. Consent Orders can be produced without either get together (or their solicitors) ever needing to physically attend Courtroom.
What exactly are the benefits associated with Consent Orders?
Generally, Consent Orders are the most cost-effective option to legally document your family law matters.
Another benefit of using Consent Orders is that we now have exemptions to paying duty on transfers of property. For example, stamp work on the former matrimonial home.
If you as well as your former partner can reach an agreement, then it’s for you to decide and not up to Judge to decide for you. Which means that you as well as your former will hold the autonomy to be able to tailor the contract to improve your position, provided of course it continues to be within the confines of what regulations allows.
Consent Orders will finalise your loved ones law matters. This means that your former spouse cannot come back in the foreseeable future for another property settlement deal or change parenting agreements without your arrangement.
So, how does it work?
While each family law subject is different and definitely will depend on its facts, we summarise below the normal steps that folks might need to complete to obtain Consent Orders:
Step 1 1 – First meeting with a family lawyer
You must obtain legal services before deciding how to reach an agreement about Consent Orders. It is because you don’t know very well what you don’t know.
A lawyer can give you recommendations on how you can tailor the arrangement to work for you and most importantly, the dos and don’ts in family legislations.
Step two 2 – Negotiating an agreement
This involves discussions with your ex – spouse (or their solicitor) to reach an agreement.
The negotiation process will most likely involve tactical concerns and compromises. It needs a comprehensive knowledge of the “big picture”, each of your aims, as well as how the law will connect with your situation.
There are many ways people discuss an arrangement. Some will receive initial legal services and then have the ability to reach a casual arrangement between themselves. Law firms are then retained to simply draft and review the legal documents to formalise that contract (see step 3 3). Others have decided on some issues, but require the help of their attorneys to reach final arrangement, often through taking part in mediation.
Step three 3 – Drafting legal documents
This involves the preparation of the next legal documents:
– Request for Consent Orders
This file is where you and your former spouse record your personal details therefore the Court can make a decision whether they will approve your arrangement.
The Court must be satisfied that the agreement is merely and equitable (for property settlement deal concerns) and/or in the best interests of the children (for parenting issues) before they can approve Consent Orders.
– Consent Orders
This doc is where in fact the orders you are asking the Courtroom to approve (predicated on the arrangement you reach with your former partner) are noted.
– Superannuation Affidavit
This document is merely required if superannuation has been transferred in one get together to the other.
Step 4 – Filing in the Court
After the Consent Orders are drafted and performed by all parties, the documents are then filed. This calls for lodging the documents in the Family Judge.
The functions (or their solicitor) will be notified when the documents are approved by receiving a sealed (agreed upon and stamped by the Judge) Order. The Order will be lawfully binding on all get-togethers.
Step 5 – Perform the agreement
Once the sealed Court Order is received, both functions may be asked to take steps to handle the agreement. This may include advertising, transferring or losing assets, money and/or superannuation.
Exactly what will it cost me to get Consent Orders?
The expense of Consent Orders will rely upon the terms you are seeking and exactly how much negotiation will be required. We provides an estimation of costs directly after we obtain your individual details in an initial appointment.
A cost of $165 is costed by the Family Courtroom to record Consent Orders.