Separation with consent – Consent Orders

Do consent orders have a final effect?

The Consent Order is final, in a nutshell. In financial matters, the court has an obligation which is provided for in the legislation to end the financial relationship between the parties and so a good solicitor will draft Consent Orders which will both cover all assets and all liabilities of either and both parties but in such a way that there is no financial tie between both parties after the Orders have been implemented.

It is also the same with parenting Consent Orders, in that it covers all of the issues that are important to the parties and to the children of the relationship, so there is no need to revisit the matter or not finalize the Consent Orders.

In all cases, whether the Orders relate to parenting matters or a property settlement, the court’s job is to prevent either party from having to return to court. Consider the fact that Consent Orders are intended to finalize everything between you and your former partner when reviewing and considering signing them. Make sure that all of your assets and liabilities are referenced in the documentation and that everything that pertains to you is covered.

What is the legal status of consent orders?

After a contested court hearing, your Consent Order has the same effect as a court Order. A court order can be enforced if one party does not comply with it.  This holds true regardless of whether the Consent Order relates to your property settlement or to your parenting arrangement. You can apply to the court to have a parenting Consent Order enforced if, for instance, you have a parenting Consent Order that says the children should be returned to you at a certain time on a certain day and that doesn’t happen.  To enforce an order, you can apply to the court if your former partner does not transfer a lump sum to you by a certain date.

However, having legally binding court orders in place generally leads to both parties complying with them, since neither party wants to have an Order enforced against them in court. Also, Consent Orders arise from an agreement being reached between the parties, and so because they’ve actually agreed to the Orders being put into place, they’re usually quite happy to comply with them.

Regardless of whether the Order is made by Consent or by court order, it has the same effect, and it is just as binding.  Consent Orders are only made in Chambers, not in open court, so there was no need to attend court or participate in a contested hearing.

If you require assistance with Consent Orders, please contact Kate Austin Family Lawyers Melbourne. They are accredited specialists in Family Law and can assist in all areas of amicable agreements and divorce applications. 

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