What is a Consent Order?
Do I have to go to Court?
A Consent Order is when two parties submit their agreement to the Family Court and become legally binding when they are sealed by the Court.
- Although you do not need to obtain legal advice to put a Consent Order together, we strongly suggest that you contact us to draft one for you as the Court may refuse the order you submit due to lack of clarity.
- Consent Orders need to be very clear in relation to time with children.
- An advantage includes in the event of Transfer of Property, then the property is exempt from Stamp Duty.
- In matters concerning Property, both parties need to disclose all financial information, otherwise penalties apply from the Court.
- If changes need to be made to the order, it can be a difficult task to prove the need for the alteration of the Consent Order. This is where our team can ensure that the Order is done correctly the first time and not delay the process.
- There are time limits of 12 months from the time your divorce was granted to apply for Consent Orders, or 2 years from the time of separation for de facto couples.
Call to find out which option best serves you.