Consent orders are court-issued orders made with both parties’ agreement. In family law disputes, former spouses or partners may use consent orders to formalise agreements about property division or parenting arrangements.
The Process
Solicitors draft application documents detailing each party’s financial situation and other relevant court information. The documents include properly worded orders reflecting the court’s expectations. Additional documents may be prepared depending on individual circumstances.
Once finalised and signed by both parties, documents are filed with the court. If the court deems the agreement appropriate, it issues the orders. The court may request additional information before proceeding.
Why Choose Consent Orders?
The only way Court orders can be changed if they have been made by agreement between the parties is if the party seeking to have them set aside can prove that there are exceptional reasons.
Exceptional circumstances include non-disclosure of financial information or coercion during signing. Generally, these orders become final and binding, providing stability and certainty for both parties compared to contested proceedings.
Morgan Couzens Legal offers assistance with consent order drafting. Contact us on (03) 5722 4681.
The information provided in this article is produced for guidance purposes only and is not legal advice. The information contained in this article is based on the current state of the law at the time of writing. The law may have changed since this article was written.
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Legal advice should be sought for your individual circumstances. For advice tailored to your individual circumstances, please contact us by telephone on (03) 5722 4681.