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DIVORCE & FAMILY LAWYERS - PERTH

Our experienced Family Lawyers in Perth can help you with Consent Orders.

 
- FAMILY LAW CONSENT ORDERS

What is a Consent Order?

If both parties have agreed on financial, or property arrangements and wish to make it legally binding, they can apply for consent orders. These orders have the power to modify or terminate existing family law orders.

The Court will review the Consent orders, assessing if they  are fair and balanced.

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What is the difference between a court order and a consent order?

In legal matters, a Consent Order is an agreement made between both parties, which is then presented to the Court for approval.

On the other hand, court orders can be issued with or without consent. In the Family Court, court orders are often made to either move the case forward or direct parties to take specific actions, such as property settlement or deciding on the future care of their children. Both types of orders are legally binding and enforceable by the Court, so there is no significant difference between them.


If you have any questions regarding consent orders, contact a 
Perth Family Lawyer to discuss your proposed agreement.

What is the difference between a court order and a consent order?

In legal matters, a Consent Order is an agreement made between both parties, which is then presented to the Court for approval.

On the other hand, court orders can be issued with or without consent. In the Family Court, court orders are often made to either move the case forward or direct parties to take specific actions, such as property settlement or deciding on the future care of their children. Both types of orders are legally binding and enforceable by the Court, so there is no significant difference between them.


If you have any questions regarding consent orders, contact a 
Perth Family Lawyer to discuss your proposed agreement.

What is a Form 11 Application for Consent Orders?


The 
Form 11 Application for Consent Orders is a legal document that formalises the agreement between you and your former partner regarding future parenting arrangements and the division of property, liabilities, and super. In most cases, Consent Orders are the ultimate legal goal after separation. 


Your agreement should be written up in a document called a 
Minute, with each numbered paragraph of the Minute referred to as an Order. The Form 11 should be attached to the back of the Minute, and both parties must sign both documents in the presence of an authorised witness. 


While you won’t need to attend court with a 
Form 11, it still needs to be lodged with the Family Court. The application will be reviewed by a Court Registrar. For an application to be approved, the Registrar must determine that the property orders are just and equitable and the children’s orders are in their best interests. If the Registrar approves the application, the Orders will be sealed, and they’ll be deemed made or pronounced. Once made, an Order has the same effect as if the Court had made it following a Court hearing. 


While you may not have heard of the 
Form 11 Application for Consent Orders before, it’s not uncommon. Ideally, it’s the way that all separating couples should legally finalise their affairs after separation.


What are the advantages of Consent Orders?


When ending a relationship, Consent Orders are a cost-effective way to tie up any loose ends. They offer several benefits, such as avoiding lengthy and stressful court proceedings, retaining control over important decisions, and saving significant legal costs, stamp duty, and capital gains tax. It’s relatively easy, low-stress and inexpensive to engage a lawyer to draft your application and minute, compared to contested court proceedings. This is particularly advantageous for co-parents who want to remain cooperative. Without property Consent Orders, you may face financial consequences such as paying stamp duty and CGT on property transfers, being unable to divide your superannuation, and not being indemnified for liabilities incurred during the relationship. Property orders provide certainty and finality, allowing you to move on without any future potential claims.


Where do I start from?

To begin, you can schedule an appointment with our Family Law firm either at our office in Applecross, WA or our Bunbury location. Alternatively, you can opt for an initial phone consultation with one of our family lawyers. 


If you decide to proceed with consent orders after your first consult, we can assist you in drafting the application and minutes and submitting it to the Court. We aim to make this process as easy and stress-free as possible for you.

Why Choose Us

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Empathetic & Compassionate

We take time to listen and understand your situation at every stage be it the initial consultation or during the court proceedings.

Experience & Expertise

45+ years of experience and wide range of expertise under the same hood.

Transparency & Confidentiality

From providing legal advice and negotiating your claims to reaching a settlement and representing on your behalf in Court, we strive to communicate openly and clearly, without using legal jargon.

We assist clients in

PerthApplecrossWinthropBooragoonSouth PerthComo, Waterford, Brentwood, Ardross, Bicton, Fremantle, Myaree, Kardinya, MurdochBunburyBusselton, Eaton, Australind.

OUR DIVORCE & SETTLEMENT SERVICES

Divorce Cases

Property Settlements

Spousal Maintenance

Superannuation Splitting

Consent Orders

Binding Financial Agreements

Representation in Family Court

ARE YOU IN A DE FACTO RELATIONSHIP OR MARRIED?

If you are in a de facto relationship or marriage and your relationship has come to an end, then you will have to decide how to finalise your financial arrangements and divide your assets. We understand the challenges you may be facing during separation or divorce, and we are can provide legal advice and help you reach the best outcome to your family.

 

GET LEGAL ADVICE TODAY

If you need advice regarding your divorce or any other family law matter, please contact our Family Law team in Perth to schedule an initial consultation.