Australian Family Law Consent Orders

Consent orders have a number of disadvantages, according to you?

As long as you are clear on your agreement and instruct a lawyer to simply draft the Consent Order in accordance with your instructions there should be no disadvantage to the process aside from the cost. It is certainly worthwhile to shop around and find an attorney who meets your specific needs. Do not pay anyone to negotiate on your behalf for your Consent Orders and do not pay someone to give you advice when you have already reached an agreement you are happy with.

Finality of Consent Orders?

A Consent Order is final. Unless there is an application before the court and interim orders in place, consent orders are final and operate for the foreseeable future. Consent Orders finalize the financial relationship between the parties under the legislation. Furthermore, the code recognizes that it is not in the best interests of children for their matters to be litigated repeatedly, and consent orders are made with a view to creating a low probability that the matter will have to be litigated again at a later date.

Are consent orders legally binding?

A consent order is no different from any other court order. Consent Orders made by the court in accordance with your agreement become legally binding and enforceable in the same way as if they were made following a contested hearing. If a Consent Order is breached, the non-defaulting party can bring it before a family court for enforcement or for some other appropriate remedy.

Is it possible to challenge or overturn a consent order?

In very few circumstances will a quote entertain an application to overturn its Consent Orders. It would be necessary to prove fraud or dress or that someone failed to disclose something significant in order to get a property settlement mad at. Also, there are some very limited circumstances that relate to the care of children. The court must be convinced that there has been a material change in circumstances before it will reopen a parenting case.

Can I get Consent Orders before I get divorced?

While you can certainly apply for divorce prior to finalizing your property settlement or making arrangements for your children, you cannot apply for a divorce until you have been separated for at least six months. It must be at least 12 months. Most people need to resolve their property settlement or care arrangements for their children within this timeframe. A divorce is usually the last step.

Are you able to change your Consent Orders?

It is very difficult to change Consent Orders once they have been made unless you are able to get both parties’ consent, in which case it is fairly straightforward. It is only possible to re-open a property settlement case in very limited circumstances that are included in the legislation, such as fraud, a lack of disclosure or changes in the care arrangements for children.