CONSENT ORDERS
A Consent Order is a Court order made with the consent of the parties regarding their Family Law matter. Consent orders are made by a Registrar of the Court and are enforceable in the same way as if the orders had been made by a Judge. Consent orders will be final, although in limited circumstances the Court does have power to set them aside and make new orders.
An application for Consent Order must be filled within 12 months of divorce or 2 years since the end of a de facto relationship. Out of time applications can be filed with leave (permission) of the Court.
WHAT CAN BE COVERED IN CONSENT ORDERS?
Consent Orders can be made regarding any of or any combination of the following:
- Parenting,
- Financial or Property,
- Spousal maintenance,
- De facto maintenance.
ADVANTAGES OF CONSENT ORDERS
Advantages of consent orders include:
- requirement for ‘full and frank’ disclosure before orders are made,
- simpler and cheaper to draft, implement and enforce once proceedings have been commenced,
- a requirement that there be a finding that the orders are just and equitable thus less likely to be set aside,
- limited grounds to set aside unlike Financial Agreements,
- forms a permanent record.
DISADVANTAGES OF CONSENT ORDERS
Disadvantages of consent orders include:
- more costly and complex than Financial Agreements if no proceedings have been commenced,
- future claims for spousal maintenance cannot be excluded,
- cannot be made prior to or during marriage or relationship,
- requires Court attendance.
For a consultation with a Family Lawyer, call AMA Legal on (02) 8610 3764.
