What are consent orders?

Consent Orders are a wise and economical approach to plan for the future if you and your ex-partner can come to an agreement on property and parenting arrangements. What, though, is a Consent Order?

An agreement reached between two people is formalised in this legally binding contract, providing assurance that its provisions will be upheld for both of you.

In order for you to completely grasp your rights and obligations, we will outline the idea behind consent orders, their advantages and the numerous varieties that are available.

What is a Consent Order?

A written parenting or property arrangement is formalised and can be enforced by the Family Court through a consent order. Before submitting an application to the Family Court for approval, you can establish your own conditions rather than letting a Judge decide what should be arranged. The Family Court will review your application before approving it to make sure that its terms and conditions are fair, just, and, in the case of parental orders, in the best interests of the children.

 A Consent Order becomes binding law once it is published. In other words, if you disregard its requirements, the Court may impose penalties upon you.

Types of Family Court Orders

Consent orders called “Parenting Orders” may encompass many parenting arrangements, including:

·      Parental responsibility for the child;

·      Where and with whom the child resides;

·      Whom the child will celebrate holidays and other special occasions with;

·      How much time the child will spend with the parent(s) with whom they do not reside and other family members; and

·      Details about medical or education arrangements.

Parenting Orders are, as the name implies, agreements between the child's parents. However, in some cases, grandparents and other family members may also be eligible.

Consent Orders called “Property Orders” may pertain to real property, bank accounts, motor vehicles, business, superannuation, and liabilities that the parties have.

The formalisation of a financial agreement by consent orders has many advantages, including minimal stamp tax on real estate transactions and respite from capital gains tax rollover.

Are consent orders necessary?

Consent Orders are a common choice for many ex-spouses since they offer legal protection while allowing both parties to have a say in the arrangement. You can set terms and settle disputes with a Consent Order without incurring the cost, inconvenience, or stress of going to court. Without formal agreements, you must rely on the other party's word and integrity when only a loose parenting or property agreement is in place, which is a recipe for future disagreements and even legal action.

How long do Consent Orders take to process after filing?

Depending on the situation, this process usually takes 1.5 to 2 months. Before coming to a decision and submitting an application for Consent Orders, we highly advise consulting with a lawyer. Your lawyer will provide you with the expertise and legal knowledge needed to guarantee that the Order is written in a way that serves your best interests and the interests of your children.

Our reputable family lawyers at Price Family Law in Perth are here to help you navigate the complicated legal issues surrounding consent orders.