What are Consent Orders?
There’s no denying that court proceedings can have a major impact on parties in terms of emotional and financial strains. Apart from this, significant delays in the Family Court for contested proceedings can lead to the litigants feeling that their life is on hold. For these reasons, it makes sense to resort to an alternative. A consent order is one of them, which is a cost-effective way of resolving a dispute in a short period of time.
In this article, we’ll cover what a consent order is, how the process goes, and how you and the other party benefit from it.
What to know about consent orders
Governed by laws, a consent order varies by jurisdiction. In a nutshell, a consent order is a voluntary agreement worked out between two or more parties to a dispute. It typically has the same effect as a court order and can be enforced by the court if anyone does not comply with the orders. It can be applied to the following matters:
● Parenting arrangements
● Division of joint and respective property and superannuation
● Spousal maintenance
Know, however, that some matters cannot apply to orders by consent. These include the following examples:
● Arrangements for child support
● Maintenance of the children
The benefits of consent orders
There are a handful of benefits that you can get out of arriving at an agreement and having a lawyer to draft the application and minute. Below are some of these:
● Quick and straightforward agreement: This agreement is relatively simple and fast as compared to contested court proceedings.
● Workable relationship: This is also particularly advantageous when you have children, and you need to have your relationship remain workable as co-parents.
● Less financial impact: This is a less expensive way of finding a resolution to a disagreement. Without consent orders in place, you may pay stamp duty on the transfer of any property, pay CGT on the transfer of any relevant property, and not be able to divide your superannuation or create potential tax or regulatory issues.
● Resolution: This will give you certainty and finality concerning your financial circumstances without the risk of a future potential claim.
How to obtain consent orders
For your guide and reference, below are the steps to take in making consent orders:
● Discuss and reach an agreement with the other party, either personally or with the assistance of a family lawyer.
● Draw an Application for Consent Orders and a Minute of Consent Orders.
● Review the draft documents.
● Sign each page of the Application before a JP or solicitor and also sign the Minute.
● The original documents must be filed at the Family Court and the filing fee paid.
● The Orders will be made in terms of the Minute, provided the Court can be satisfied that the property orders sought are just and equitable.
● Orders should be made within about a month. You will receive your Orders via the ComCourts Portal and can download them as soon as they are available.
At this point, we hope this blog has shed some light on what you need to know about consent orders and how you and the other party can take advantage of this.
If you’re looking to learn more about consent orders, get in touch with our lawyers in Balmain to see how we can help.
This article is intended to provide general information. You should obtain professional advice before you undertake any course of action.