What are consent orders in the family court?
Family law consent orders are orders that document a property settlement and or parenting arrangement after separation and are approved by the Family Court of Australia.
The agreement reached by parties need to be approved. For property settlement, the registrar considering the orders will make a determination if the orders are just and equitable. For parenting orders, the registrar will take into consideration if the orders are in the best interest of the children.
How to do you obtain family law consent orders?
Most individuals will engage a family lawyer to discuss the orders that the parties agreed to or engage a solicitor to negotiate a settlement.
The solicitor will draft the orders and forward them to the other side. Once everyone has signed the orders, the orders are then forwarded to the registrar of the Family Court of Australia together with the filing fee for approval.
The registrar can make the orders or if there are concerns that they are not just and equitable or not in the best interest of the children, the registrar will write to the parties requesting further information or requesting changes to the documents in order for them to be approved.
Why is it important to document a property settlement by way of family law consent orders?
You should enter into consent orders to protect yourself. By legally documenting the property settlement you will be able to transfer property from one party to another without paying stamp duty. More importantly, you can rebuild your financial position and interest without fear that your growth since separation will be subject to a property settlement.
What are the costs of family law consent orders?
Cost for consent orders will include the filing fee for the orders set by the Family Court of Australia. If you have reached an agreement, then contact us to discuss the costs involved in preparing the consent orders for you.