Separation doesn’t have to end in conflict, and it certainly doesn’t have to end in litigation. It is possible in the case of children, necessary, to continue to maintain a relationship with your former spouse.
A Consent Order is an agreement that has been reached between you and your former partner. An agreement can be reached between you both through discussion, through lawyers and/or via mediation. It is important to understand that Consent Orders can only be made in financial or parenting matters, by the Federal Circuit and Family Court of Australia if there is agreement between the parties.
If both parties have reached an agreement about parenting and/or financial/property arrangements and you want to formalise the agreement to make it legally binding, you can apply to the Federal Circuit and Family Court of Australia for Consent Orders.
For a financial settlement and the Court to consider the Orders it is important to ensure that they reflect a just and equitable division of assets. It is important to obtain trusted legal advice to ensure that the process is as stress free as possible.
Once a financial agreement is reached between you and your former spouse, to finalise the agreement you are required to either, enter into a Consent Order and file it in the Federal Circuit and Family Court of Australia or finalise your agreement by way of a financial agreement.
In circumstances whereby an Application for a Consent Order is filed it is important to understand that the Court will apply the 5-step process to your agreement to ensure that the agreement reached between you both is ‘just and equitable’.
Ultimately this is the Court reaching a determination that your agreement is fair. This can be achieved by obtaining expert family law advice to ensure your Consent Orders are drafted correctly.
We can assist in drafting your Consent Orders and ensure they are drafted correctly on the first occasion.