5 Consent order examples
Consent orders are orders proposed by the parties in relation to property, parenting or both through mutual agreement and submitted to the court for approval and finalization. For example, a consent order may specify the amount of time each parent spends with the children, the responsibility for decision-making, and the process for resolving disputes that may arise. In relation to property, it may outline how assets, debts, and superannuation will be divided between the parties. Additionally, it can address the sale or transfer of properties, the payment of spousal maintenance, and any other financial matters that need to be resolved. In this blog post, we will explore five consent order examples to gain a better understanding of their applications and significance.
Parenting consent order examples
1. Parenting responsibility : This would specify all duties, powers, responsibilities and authority that parents have in relation to thier children.
“Both mother and father to have equal and shared parental responsibility for the child until the child turns the age of 18”
2. Living arrangements: This would specify when the child is to be with one parent or the other.
“The child to primarily live with the mother and the father to have access to the child thrice a week/ during the weekend”
3. Special occassions: This would specify the arrangement for special occassions such as christmas, birthdays of the child and the parent, religious holidays.
“The child to spend time with the mother on Mother’s day and Mothers birthday and spend time with the father on father’s day and father’s birthday".
Property consent order examples
1. Sale of property and division of proceeds: When selling the family home or other properties is deemed necessary, a consent order can outline the process. It may include details such as appointing a real estate agent, setting a timeline for the sale, and specifying how the proceeds will be divided between the parties.
“ The property to be sole by a private sale within 90 days of signing these orders using a real estate agent at a reserve price to be agreed upon by the parties and failing such agreement the price to be nominated by the real estate agent”
Upon the sale of the property, the sales proceeds to be applied as follows:
- Firstly to pay the outstanding mortgage
- Secondly to settle the real estate agent and other sales expenses
- Remaining equity to be didvided equally between the parties”
2. Liabilities : This would specify how sole and joint liabilities would be treated pursuant to separation.
“ Party A will do all things necessary to indemnidy party B from the joint liabilities and each party will be held responsible for any personal loan in which they are the burrower and each wholly indemnifies the other party from liability to same”.
Each consent order tells a story
Remember, each separation is unique, and the examples provided here are intended to offer a general understanding of what consent orders can encompass. Consulting with a legal professional will help you navigate your specific circumstances and ensure that the consent order you obtain is tailored to your needs.
If you require assistance or would like to discuss your specific circumstances further, we encourage you to contact our experienced family law team. Our dedicated lawyers can provide the guidance and support you need to navigate your separation or divorce journey successfully. Don't hesitate to reach out and schedule a consultation with one of our family lawyers who will be empathetic and supportive throughout the process. Remember, you don't have to face this journey alone – we are here to help.
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