Family Law in Australia addresses legal matters related to family relationships, such as divorce, property distribution, child custody, and support. When a relationship ends, it can be a highly stressful and emotional period. To navigate this challenging time effectively, it’s crucial to seek guidance from experienced Family Lawyers to safeguard your rights and reach a fair resolution (where it is safe to do so!). One option for couples going through separation is to establish Consent Orders. This article will discuss the details and advtanages of Family Law Consent Orders and the procedure for obtaining them under Australian Family Law.
Understanding Consent Orders and Their Benefits
Consent Orders are court-approved written agreements between parties, detailing the terms of their settlement regarding property division, parenting arrangements, and other separation-related matters. These orders formalize the agreement and are enforceable by the court. Below are several advantages of securing a Consent Order:
Certainty and Finality
Consent Orders provide a clear and final resolution to the separation, making the agreement legally binding. Once the court issues the order, both parties must adhere to its terms, preventing future disputes over the agreed matters.
Cost-Effectiveness
Securing a Consent Order is often more affordable than going through lengthy court proceedings, which can accrue significant legal fees. By reaching an agreement and having it approved by the court, parties can save on costs, time, and emotional strain.
Flexibility
Consent Orders can be customized to meet the specific needs and situations of the parties involved. They allow for negotiated terms concerning parenting, property settlement, and financial support, ensuring a fair and tailored agreement for both parties. They may not be as flexible in parenting matters compared to parenting plans, as those arrangements are private as outlined here.
Avoiding Court
By opting for Consent Orders, parties may bypass the need for Family Court hearings, which can be especially beneficial when handling sensitive issues like child custody. This approach allows for a less confrontational resolution and court approval without the necessity of attending a hearing.
Enforceability
Consent Orders are legally binding and can be enforced by the court if one party fails to meet the agreed terms. This provides an additional layer of security for parties concerned about compliance.
Quicker Resolution
The process of obtaining a Consent Order is generally faster than court proceedings. Parties can finalise their agreement and receive court approval more swiftly, which is advantageous in urgent matters such as child custody.
The Process for Obtaining a Consent Order
Consent Orders are a common method for resolving various issues in Australian Family Law, including property settlements, financial support, and parenting arrangements. However, they may not be suitable in every case. For instance, if an agreement cannot be reached or there is an imbalance of power, alternative dispute resolution methods like mediation or arbitration might be more appropriate.
Negotiation
The initial step in securing a Consent Order is negotiation, where parties discuss and agree on the terms. This can be done directly or with the help of Family Lawyers or a mediator. Expert advice from legal professionals, such as those at Just Family Law, can facilitate the negotiation process and ensure fair terms.
Drafting the Consent Order
After reaching an agreement, the next step is drafting the Consent Order. It must follow a specific format outlined in the Family Law Rules 2021 and include necessary details such as the parties’ names, agreement terms, and the date. The order may cover various aspects, including asset division, financial support, and parenting arrangements. Both parties must sign and date the draft, along with affidavits confirming their understanding and voluntary participation.
Filing the Application
The completed application, including the draft Consent Order, affidavits, and a filing fee, must be submitted to the Federal Circuit and Family Court of Australia. The fee varies based on the court and order type.
Court Approval
The court reviews the draft Consent Order to ensure it is fair and reasonable. It may request additional information or hold a brief hearing to confirm that both parties understand and agree to the terms without coercion. If approved, the court issues the Consent Order.
Implementation
Once the Consent Order is issued, it becomes legally binding. Parties must take necessary actions to implement the order, such as transferring assets or adjusting parenting arrangements. Non-compliance can lead to court enforcement actions.
In some instances, if circumstances change, the Consent Order may need to be varied or revoked. This requires filing a new application with the court and presenting evidence for the requested changes.
Seeking Family Law Advice
While Consent Orders offer several benefits, obtaining expert Family Law advice before finalising an agreement is essential. Legal professionals can help ensure that the terms are fair and that your rights are protected. If issues like family violence are present, alternative legal measures may be necessary.
In summary, Consent Orders are an effective way to resolve family disputes in Australia, offering benefits like certainty, cost-effectiveness, flexibility, and enforceability. The process involves negotiation, drafting, filing, court approval, and implementation. To ensure the best outcome, consult with experienced Family Lawyers, such as our team at Just Family Law to guide you through the process and protect your interests. Fill out an enquiry here on the website, or give us a call on (03) 9793 7888 or send us through an email at admin@justfamilylaw.com.au; the choice is yours!