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Family law consent orders in Australia

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

The Consent Order agreement should, if you are clear on what you want, be drafted by a lawyer according to your instructions, so that there is no disadvantage other than the cost. It is certainly worthwhile to shop around and find a lawyer who is the right fit for your needs. You should not pay someone to negotiate on your behalf for Consent Orders and you should not pay someone to give you advice after you have already reached an agreement you are happy with.

Finality of Consent Orders?

Consent orders are final. Consent Orders are final and last as long as there are interim orders in place or a court application pending. Under the legislation, the court is required to make Consent Orders that finalize the parties’ financial relationship. In addition, the code considers it to be unintentionally detrimental to children to have their matters litigated repeatedly, which is why Consent Orders are made with the aim of minimizing the chances of the matter ever coming back to court.

 

What are the legal implications of Consent Orders?

The same rules apply to consent orders as they do to other court orders. When the court makes Consent Orders based on the agreement that you’ve reached, they become enforceable as if they had been made as the result of a contested hearing. In the event they are breached, the non-defaulting party may ask that the Consent Orders be enforced or other appropriate remedies be sought by the family court.

Is it possible to challenge or overturn a consent order?

It is rare that a quote will entertain an application to overturn its consent orders. It would be necessary to establish something like fraud or misrepresentation to qualify for a property settlement lawsuit. Other very limited circumstances pertain to the care of children as well. For parenting orders, the court must find that there has been a material change in circumstances before allowing a party to reopen the case.

Before I get divorced, can I apply for Consent Orders?

Although you can file for divorce before you finalize your property settlement or make arrangements for your children, you cannot do so until you have lived separately for a minimum of six months. All 12 months. For practical reasons most people need to sort out their property settlement or their care arrangements for their children well within this. And typically the divorce is left until the last thing.

Can you change your Consent Orders?

It is very difficult to have Consent Orders changed once they are made unless you are able to obtain the other parties Consent in which case it is a fairly straightforward process. The court will only enable you to re-open a property settlement case in very limited circumstances that are provided for in the legislation and which relate to things such as fraud or lack of disclosure or changes to the care arrangements for children..

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