Your lawyer might have suggested to you that you and your former spouse or partner could apply for ‘consent orders’.
Consent orders are orders made by a Court, but they are made with the consent of both parties.
For example, in a family law dispute, you and the other person might have agreed to divide your property up a particular way or to share the responsibilities of parenting in a particular manner.
In those circumstances, the parties’ solicitors may draft documents reflecting the agreement you have made with your former spouse or partner.
The documents the parties’ solicitors will draft include an application form which details to the Court each party’s financial situation as well as any other information that the Court needs to know in order to assess the proposed agreement. The solicitor will also draft orders using wording that the Court will expect.
There may be other documents that the solicitors also prepare for the Court, depending on your individual circumstances and the type of agreement that has been reached.
Once the documents have been finalised and signed by both parties, they are filed with the relevant Court. If the Court believes that your agreement is appropriate, then the Court will make the Orders.
In some cases, the Court may require additional information from the parties before it will make the proposed orders. Your solicitor will help you put together the additional information requested by the Court if that happens.
Why 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 reasons may include failure by one party to disclose relevant financial information or where one party was coerced into signing the documents.
However, generally speaking, the orders would be final and binding on both parties.
If you would like assistance with drafting consent orders or you have a concern about your consent orders and would like to discuss these, please don’t hesitate to get in touch with us on (03) 5722 4681.
MORGAN COUZENS LEGAL
If you would like to read more about family law matters, please read the following blogs:
When can I apply for a property division under the Family Law Act?
What assets and debts are included in a family law financial settlement?
What are ‘financial contributions’? The second step in a family law property division
What are ‘financial contributions’? The second step in a family law property division
