Consent Orders Melbourne, Victoria
If you and your ex-partner have reached an agreement about property and parenting and want to formalize the agreement to make it legally binding, you can apply for consent orders.
There are 03 types of consent orders:
- Property consent orders
- Parenting consent orders
- Property and parenting consent orders
You and your ex-partner can use the service of one law firm when drafting your consent orders. Alternatively you may each have legal representation. Your lawyers can assist in negotiating with each other prior to drafting the consent orders.
Our family law experts at MJ Legal are highly experienced in drafting complex consent orders. We can educate you on your legal rights and work to get you a fair outcome.
Our consent order services
Property or Parenting Consent orders
If you and your ex-partner can reach an agreement about your property or children following separation or a divorce, entering into consent orders would be a good option.
If you want to have a valid written agreement reflecting your arrangement only in relation to property, you can have a property consent order drafted. If your property settlement is resolved and now you want to have consent orders reflecting the arrangement of the care and welfare of your children, that is possible through a parenting consent order.
Having your arrangement in relation to property or children reflected in consent orders will provide legal validity and enforceability as they are formalized by court and any breach would lead to severe legal repercussions for the breaching party.
Regardless of if you are seeking property or parenting orders, our lawyers at MJ Legal can provide you robust advise to make orders that will be accepted by court.
Consent order package
If you and your ex-partner have issues surrounding both property and children following a separation or divorce, entering into consent orders outlining the treatment for both property and parenting matters in one order will be cost effective.
If you and your ex-partner have reached an agreement in relation to both property and the welfare of your children, you can now have it reflected in one consent order. This process saves a lot of time and money for both parties involved.
You and your ex-partner can use one law firm to get the orders drafted. However, if you require the assistance of a lawyer to help negotiate with your ex-partner, each of you can retain 2 lawyers.
At MJ Legal, our experts have a wealth of knowledge and experience in drafting complex consent orders. We can provide you with the necessary legal advice to suit your situation, help you negotiate with your ex-partner and draft the consent orders for filing in court.
Get your consent orders drafted with MJ Legal
Step 1
Book a consultation & talk to one of our family law experts
If you and your ex-partner are on agreeable terms following separation or divorce, this is the best time to reach an agreement in relation to your property and the welfare of your children.
If you are unsure about the process of negotiating and arriving at a resolution, our lawyers are here to help.
Both you and your ex-partner have the benefit of using one lawyer to get your orders drafted. At MJ Legal, we can help you understand your rights and entitlements, consequences of breaching consent orders and guide you through each stage until the consent orders are finalized.
Step 2
Full and frank disclosure
You and your ex-partner should disclose to each other a full list of all the assets and liabilities owned by each party. It is important that each party adheres to the full and frank disclosure requirement avoiding any concealment.
Assets are any of the following
- Capital assets
- Land and property
- Chattels
- Vehicles
- Stocks
- Interest in private companies
- Partie's superannuation balances
At MJ Legal, we will assist you in fulfilling the full and frank disclosure requirement prior to drafting your consent orders. We will help you collect the required disclosures, communicate with the necessary authorities to collect your documents and exchange the disclosures with your ex-partner.
Step 3
Negotiating & drafting the consent order
Following the exchange of the disclosures, parties may engage in negotiations to draft orders by consent, also known as proposed minutes by consent.
Negotiations are necessary for parties to arrive at fair arrangements based on their agreements.
Our expert lawyers will assist you in carrying out successful negotiations with your ex-partner/ex-partner's solicitors and drafting consent orders that reflect your agreement.
Additionally, we will assist you in making consent order applications and filing notice of child abuse, family violence risk along with the proposed consent orders.
Step 4
Getting your consent orders finalized through the court
Once the proposed consent orders are drafted, it needs to be submitted to Federal Circuit and Family Court of Australia for formalization.
The court would then consider if the proposed orders are fair and reasonable given the parties circumstances.
If the court is satisfied, they will grant you with the finalized consent orders following which the parties can carry out the tasks according to the agreement reflected in the finalized consent order.
At MJ Legal, we will make our best endeavors to meet all the court requirements when drafting your consent orders. We will keep track of your consent orders at each stage until it is sealed and finalized by court.
What is included in a consent order?
The contents of the order will depend on the type of consent orders drafted.
If your consent order consist of clauses on both property division and parenting arrangement, it may include the following clauses:
- How property, superannuation, financial resources and liabilities should be shared between you and your ex-partner.
- Spousal maintenance clauses.
- The parent with whom the child lives- including any shared arrangements.
- The times that a child may spend with – a parent with whom they are not living, or anyone else who plays an important part in their life such as a grandparents.
- Any other aspect of parental responsibility – this may include clauses about the day-to-day care, welfare and development of the child.
Why should I get a consent order?
If you and ex-partner have reached an agreement in relation to your property and children pursuant to separation or divorce, consent orders would be one of the best ways to document your arrangement.
Although consent orders need to be formalized through the court, it is initially drafted based on the mutual agreement between the parties.
Therefore, you and your ex-partner have the freedom of negotiating and arriving at your own agreements that suit both your schedules.
Consent orders are less costly in comparison to litigated property settlements in court. It also provides you with the comfort of getting the orders drafted by one lawyer cutting down further legal costs.
It would also save your time making it possible for you to focus on other important aspects of your life.
Having your verbal agreement documented on paper through a consent order will provide you with certainty and an avenue to enforce the agreement if the other party breaches it.
FAQs
It depends on the complexity of the matter and the cooperation between you and your ex-partner. If the negotiations between the parties are successful at an early stage, the consent orders could be drafted within 2- 3 weeks upon the completion of the full and frank disclosure requirement.
Judges have the discretion to reject or request the consent orders to be amended if they think the drafted consent orders are unfair to one or both parties.
If the judges believe that the consent orders drafted are unfair, they would issue a requisition notice outlining all the adjustments that need to be made and will request the parties to re-consider their arrangements.
There are serious consequences for failing to disclose the required information. If the non-disclosure is brought to the notice of the court after court proceedings are finalised, the non-disclosure may be a ground for setting aside the previous consent order and making a new order.