Family Law Consent Orders
Offices in Narre Warren, Warragul & Online
Servicing Victoria, South East Melbourne Suburbs & Gippsland areas.
Casey Family Lawyers have many years of experience and are skilled in the negotiation and preparation of Consent Orders. Our offices are in Narre Warren and Warragul and we also offer online consultations, providing the best advice and representation in all aspects of family law in Melbourne’s south east.
What are Consent Orders?
Consent Orders are a formal agreement between parties approved and made legally binding by the Court. They are used to resolve disputes and formalise agreements on various family law matters, such as parenting arrangements and property division.
The key features of consent orders are:
- Voluntary Agreement: A Consent Order can proceed when both parties voluntarily agree to the terms and conditions outlined in the agreement. It is a collaborative and non-adversarial approach to resolving family law issues.
- Court Approval: Once the parties have reached an agreement, they submit the proposed Consent Order to the Court for approval. The Court will review the agreement to ensure it is fair and in the children’s best interests.
- Legally Binding: Once the Court approves and makes the consent order, it becomes legally binding on both parties. This means they must comply with the terms specified in the order.
- Enforceable: If one party fails to comply with the terms of the consent order, the other party can seek enforcement through the Court.
- Avoids Court Litigation: The use of Consent Orders helps parties avoid the need for lengthy and costly court proceedings, allowing for a more efficient resolution of family law matters.
- Flexible and Tailored: Consent Orders can be customised to suit the specific circumstances of each case, providing a flexible and tailored solution that meets the parties’ unique needs.
Parties should seek legal advice from a family lawyer when preparing a Consent Order to ensure the agreement is comprehensive, fair, and legally valid.Â
Consent Orders can only be completed if you and your ex-partner can reach an agreement. Child Support payments orders cannot be made with Consent Orders and must be made via a Child Support Agreement.
Casey Family Lawyers can assist in drafting Consent Orders and guide you through the process, helping you understand your rights and obligations under the agreement.
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Skilled Consent Order guidance to provide you with certainty and stability
Casey Family Lawyers provides advice, negotiation and litigation representation in all aspects of Consent Orders and other family law matters. Â
Having practised in the family law jurisdiction for more than ten years, our Principal Lawyer and Owner Kelly Beck understands the importance of providing stability and certainty during emotional family matters. Â
Trust Casey Family Lawyers to protect your rights, navigate complex legal matters, and work tirelessly with compassion to achieve realistic solutions and the best possible outcome for you and your family.
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FAQ
Consent Orders - Common Questions
Consent Orders provide a legally enforceable and final resolution to family law matters without the need for court litigation. They offer certainty and stability for both parties.
Consent Orders are legally binding, while Parenting Plans are not. Consent Orders require court approval, making them enforceable through court proceedings.
To obtain Consent Orders, both parties must agree on the terms and file an application with the the Federal Circuit Court and Family Court of Australia
Yes, you can apply for Consent Orders without legal representation, but it is advisable to seek legal advice to ensure the agreement covers all relevant issues and complies with legal requirements.
Yes, Consent Orders can cover multiple aspects, such as property settlement and parenting arrangements, as long as both parties agree on the terms.
Yes, Consent Orders are available for married couples and de facto relationships under the Family Law Act 1975.
If one party fails to comply with Consent Orders, the other party may seek enforcement through the court.
In most cases, parties do not need to attend a court hearing if the Consent Orders meet the legal requirements. However, the court needs to review the Consent Orders, to ensure they are just and equitable in financial matters and are in the children’s best interests in parenting matters.