Ending your marriage or de facto relationship is a stressful and challenging choice. In addition to the emotional upheaval, you and your partner have several pressing practical matters that need attention.
Determining parenting arrangements, dividing property, and sorting finances are all hugely important factors. Creating fair plans regarding these points does not have to happen in court. Likewise, you and your former partner can make these decisions without a directive from the Court.
As you go through the divorce process, you can depend on the expertise and experience of the legal team at Allegra Family Lawyers.
In this article, you will learn about consent orders, and the right steps involved to apply for them.
- What Are Consent Orders?
- What Can Consent Orders Pertain To?
- Can All Three Kinds of Consent Orders Covered by the Same Law?
- What Specific Points Can Consent Orders Cover?
- How Do I Apply for Consent Orders?
What Are Consent Orders?
According to The Family Court of Western Australia, a consent order is a written document containing stipulations that are agreed upon, approved by the Court, and declared to be a formal order. Once a consent order has the Court’s official approval, it carries the same legal weight as any judicial decision made during a court hearing.
What Can Consent Orders Pertain To?
When speaking in terms of a divorce, consent orders approved by The Family Court of Western Australia can be applied to,
- Parenting Arrangements
- Division of Property
- Spousal Maintenance
Can All Three Kinds of Consent Orders Be Covered by the Same Law?
Consent orders can be made concerning both property and parenting issues. However, each is a part of the law and separate from the others:
- Parenting arrangements are covered by Sections 60B, 60CA, 60CC, 61DA and 65DAA of the Family Law Act and Sections 66, 66A, 66C, 70A and 89AA of the Family Court Act (WA).
- Property Orders following the breakdown of a marriage are in Section 75 and Section 79 and Part VIIIB of the Family Law Act.
- Financial Distribution/Spousal Maintenance Orders are addressed in Sections 72, 74 and 75 of the Family Law Act
What Specific Points Can Consent Orders Cover?
Parenting consent orders can cover a variety of points about the children. These include, but are not limited to,
- With whom the child resides
- How much time will the child spend with other relatives such as grandparents, aunts, uncles, or cousins? Additionally, the terms of the contract will be spelled out. For example, face to face contact, phone conversations, email, or letters
- Other kinds of day-to-day responsibilities for parents such as education, religion, sports, and other day-to-day tasks that determine the child’s welfare
Property or financial consent orders can cover the following,
- The amount of spousal maintenance paid and by whom
- How the former couple will split their superannuation
- Who receives which property items, including cars, heirlooms, inheritances, and other valuable assets?
- Shared liabilities
How Do I Apply for Consent Orders?
There are several steps you must take to apply for consent orders.
- Communicate with your former partner and explain why you would like consent orders, as well as your primary objectives. Depending on your relationship, you may opt to do this in letter form. Agreeing to a few points before you begin to draw up documents is usually helpful.
- Move forward negotiating all necessary details. Many couples like to have their lawyers present during this phase.
- Once you agree on the terms of your consent orders, your legal representative will make an Application for Consent Orders and a Minute of Consent Orders. The Minute must show the detailed extent of your agreement and must be set out in an enforceable form.
- Both parties will look over the Application and minutes to make sure they are accurate. It is also important to make sure the consent orders are enforceable.
- If both parties are happy with the consent orders, both must sign each page.
- The original documents must be filed at the Family Court, and the application fee is due at the same time.
- If the court is happy with the consent orders and believes the divisions are fair and equitable, the process will move forward. However, if the Court had questions or concerns, the paperwork would be returned. This gives both parties the chance to include pertinent information.
- After receiving an accurate and complete application, the Court will approve the consent orders. At this point, the orders will become official and also enforceable by law.
The decisions you make during your divorce are critically important and will impact your life for decades to come. It is easy to understand why seeking compassionate and knowledgeable legal assistance is your best course of action.
Allegra Family Lawyers can help you understand what happens during divorce proceedings. By taking advantage of the firm’s free one-hour consultation, you can gain insight into the road ahead. If you decide to divorce, the team at Allegra will walk beside you as you take the necessary steps to formally finalise the end of your marriage.