Consent Orders Mount Claremont
Mount Claremont Metro Consent Orders Lawyers
A consent order is a written agreement that is approved by a Court.
Consent orders are used when you have made mutal agreements and need the Court to turn into formal orders, and you don’t need the Court to make the decision for you. When the consent order is made, it has the exact same effect as a Court Order made by a judicial officer after a Court hearing.
There are two main ways that you can obtain Court Orders
- Litigation
- Consent
Consent is the cheapest, least stressful and fastest of these options. If you and your ex-partner can agree on the arrangements and agreements for your children or the division of your property, you can apply for consent orders to legalise these arrangements.
Ordinarily, the Family Court will attend to the consent order application process ‘on the papers,” and usually neither the parties nor their lawyers, have to attend Court. If after separation you are unable to reach an agreement on property or parenting matters, it may be useful to attend mediation. In general terms, mediation is a successful process that more often than not achieves sensible outcomes.
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When is a Consent Order needed/used?
- Financial/Property matters – Consent orders about property and financial orders may deal with:
- Sharing your property, financial resources and liabilities
- Spousal and de facto maintenance
- Splitting Superannuation
- Parenting/Children’s Matters – Consent orders about parenting arrangements can cover:
- Who the child lives with – including any shared arrangements.
- The time a child may spend with a parent they aren’t living with or anyone else who plays an important part in their life such as a grandparent. The contact can be face-to-face, or by phone, email or letters.
- Any other aspect of parental responsibility – this may include the day-to-day care, welfare and development of a child, religion, education and sport.
Of course, the above is merely an overview and not intended to be advice. Family law is a complicated process and each case is different. To give advice we would have to talk to you and fully assess your situation.
Why should you have Consent Orders?
Whilst you may have ‘struck a deal’ with your ex-partner, it is highly recommended that legal advice is sought before that arrangement is agreed upon..
Both parties have a duty of full and frank disclosure, and failure to provide disclosure (or hide assets) may open up the opportunity for the other party to ‘revisit’ any orders made at a later date.
Sometimes, a forensic accountant is engaged when a party becomes suspicious, and that is likely to reveal all assets.
If that were to happen after consent orders have been made, the Court has the power to set aside orders can be set aside, and the party at fault may be required to pay the other party’s legal costs.
All parties should approach the consent application process with ‘clean hands’.
At West Family Lawyers, we’ll provide you with quality legal advice and assistance in a wide range of family law matters.
- Based in Subiaco,
- We are a small family law firm with a dedicated and experienced team
- Our law practices in the areas of
- divorce,
- parenting,
- financial separation/ property matters,
- spousal maintenance and
- consent orders/agreements
- child support.
- Family Lawyers Perth
Our goal is to help our clients navigate family law and how it applies to their personal situations.
The West Family Lawyers team is experienced in this area. Knowledge of the law and the Court processes will create efficiency, and effectiveness, when preparing/drafting a consent order application.
West Family Lawyers – Perth.
Call for assistance with Family Law Advice, Separation Advice, Child Support Agreements or Divorce paperwork in Perth.
Contact our Family Lawyers Perth team today on +61 8 9380 9111 or email office@westfamilylawyers.com.au for more information.