Consent Orders
Divorce orders will not include parenting arrangements or the division of property. You will need to address these separately from your divorce and obtain what is known as a consent order.
Consent Orders Explained
In the Australian Family Court, a consent order is a document outlining the terms of an agreement between divorcing parties regarding parenting arrangements, financial distributions, or property division. A single consent order can encompass these components.
Once you have agreed upon the details, the court will turn your agreement into consent orders. These have the same effect as a court order made by a judge after a hearing. The terms are enforceable like any other court order and can change the terms of other family law orders already in existence.
For many couples, especially those divorcing amicably, determining parenting and financial/property arrangements is a cost-effective alternative to lengthy and expensive court proceedings.
It is in your best interest to seek legal counsel before applying to the court. A lawyer can help you navigate the legal system and give you the advice needed to get the best possible outcome.
Time Limits
Although you can begin working on consent orders immediately after separating, married couples have 12 months after finalising their divorce to seek consent orders.
If you were in a de facto relationship and have separated, you have two years from the end of your relationship to obtain consent orders.
Types of Consent Orders
Consent Orders for
Parenting Arrangements
Financial Agreement is a document that explains how you and your former partner will divide your property. While a financial agreement does not need to be approved by the court, you must have a lawyer’s advice when drawing up a financial agreement.
Deciding on parenting arrangements is a highly charged part of the divorce process. However, it is vital that both parents set aside their personal feelings and focus on the arrangement that is in the best interest of their child or children.
Before the court finalises your parenting arrangement, they will consider how the arrangement best serves the children and ensuring,
- The child has the opportunity to build relationships with both parents
- The child has protection from abuse, neglect, physical violence, and harm
- The child’s parents provide proper parenting and fulfil their responsibility as parents
Consent Orders for Property and Financial Arrangements
Dividing assets and property can be complex for many divorcing couples. Consent orders for financial and property arrangements can be complicated if one partner cannot see the need to divide property evenly. The Australian Family Court sees all assets as being in one pool. There is no consideration regarding whose name the car is in or which partner ran up a credit card bill.
When finalising your property settlement, the court will consider,
- The total amount of your assets then subtracts your debts
- The parties direct financial contribution during the marriage, such as salaries or investment gains
- Indirect financial gains such as gifts or inheritances
- The contributions made during the marriage, not financial but essential, like caring for children
- The well-being of both parties in the future. The court will look at age, health, caring responsibilities, and future earning potential
The court views superannuation as a distinct type of property. Therefore, it divides differently. Former spouses may value their superannuation and then split the payments. However, doing so does not offer earlier access to the funds.
We know that many aspects of the divorce process can be expensive, consent orders being no exception. To help us better serve our clients, Allegra Family Lawyers offer packages with prices varying based on services. So, you know how much you will pay to take care of consent orders before you spend a penny. In many cases, we can arrange payment plans with our clients.
Understanding all the terms and protocols involved in the separation and divorce process is complicated. This is why we offer new clients a one-hour consultation free and with no obligation. We can learn about your situation during this time, and you can decide if you feel Allegra Family Lawyers is right for you.
Feel free to contact us and make your consultation appointment at your convenience. We are ready to put our experience to work for you.
Our Packages
The Family Court will use all of the information gathered to decide which living arrangements are in the child’s best interest.
Book Free Consultation
If you believe you have a case but would like more information, feel free to contact us. We can schedule your appointment for your free one-hour consultation and receive our recommendations. You do not need to struggle through a difficult time alone. Allegra Family Lawyers is here for you.
- Experienced Perth based family lawyers
- Free one hour initial consultation, obligation free
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