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What is a Consent Order and Why Do I Need One?

In the event you and your partner have decided to separate, whether married or in a de facto relationship, there is always the question of what happens to the joint marital assets. This usually comprises of real estate (the family home) and any other property they may own, vehicles, furniture and items of jewellery. One party may wish to remain living in the family home, in which case, that party may offer the other a cash settlement in lieu of equity, or another deal might be worked out that both parties are happy with. In short, if both parties are in agreement, they can instruct a family lawyer to draft a consent order, and with consent orders, family law presides.

Drafting the Consent Order

For a fixed fee, a family lawyer will agree to drafting a consent order in a format that is acceptable to the family court, and in this fixed fee, the client is allowed to make 3 amendments, which will be added at no extra charge. When the draft consent order is complete, another document, the application for consent orders is drafted and both are presented to the family court for consent and approval, and once that is received, the agreement is legally binding and the task is complete.

Details of Consent Orders

The contents of consent orders in family law might include the following:

  • Who will reside in the family home?
  • Will one party agree to divide their superannuation?
  • Is there to be a cash payment?
  • Who will be the official guardian of the children?
  • Will the children receive financial support from one party?
  • The division (or sale) of vehicles
  • The division (or sale) of furniture and jewellery

Taking the Case to the Family Court

In the event that both parties cannot come to a complete agreement over marital asset division or child custody details, then both parties have the opportunity for their lawyer to present their case, and the court will make its decision based upon this. Of course, there are more legal fees involved if the matter is presented to the family court, which is why you are advised to seek an agreement with your ex-partner, which can then be drafted by the lawyer and presented to the court for approval.

If you would like to talk to a family lawyer about consent orders, search online for a local law firm that specialises in family law and they will be able to help you and your ex-partner to come to a fair agreement.

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