Application of Consent Orders in the Legal Context
If you're new to the concept of law, consent orders can seem confusing - you are getting court orders without having to go to court!
At Justice Family Lawyers, we're dedicated to providing our clients with information and support during the law process. In this article we'll be exploring the application of consent orders in the legal context.
Quick Summary
- Consent orders are binding between two people or entities that accept the proposed outcome of a legal dispute.
- They are legally binding and enforceable in court, and can resolve disputes without the need for trial.
- Consent orders can be entered into either on an in terim or final basis, for property settlement and parenting orders in Australia.
Types of Consent Orders
Consent orders are legally binding and enforceable in court, and can resolve disputes without the need for trial.
They are often used in family law to settle disputes regarding financial agreements, property settlements or parenting orders. Before a court will accept a consent order, both parties must legally consent to its contents.
Consent orders are especially important when it comes to parenting orders relating to children.
If a court approves a consent order, it has the same legal effect as a court order issued after a contested hearing. It is important to get legal advice to make sure that both parties understand the consent order and what it means for them.
The application of consent orders should not be entered into lightly.
If a court finds that consent orders were obtained unfairly or fraudulently, it can set them aside, which means that the agreement will not be enforced by a court.
It is important that both parties seek legal advice to ensure that the consent order appropriately reflects their interests and that both parties understand the agreement and the legal effect it has on them.
Difference between Consent Orders and Binding Financial Agreement
A Binding Financial Agreement (BFA) is a financial agreement that is entered into between parties going through separation (between a de facto partner, marriage partner or prospective de facto partner or marriages partner).
These agreements can be entered into before you start a family relationship, before entering into a marriage, during a marriage or while you are separated.
The agreement sets out how assets, superannuation, liabilities and debt will be split upon separation and also basic principles in regard to child support and maintenance.
This is a private agreement between the parties and does not have court involvement.
Consent Orders are required to be approved by a judge or registrar of the court.
How do I apply for consent orders
There are a few different ways to submit a consent order to the court. It's important to ensure that the order is lodged correctly, with all the correct forms and documents.
You can lodge the order with a lawyer, or if you're confident in the agreement and all of the documents, you can lodge the consent order yourself.
You may be involved in current litigation or court proceedings. If that is the case, you can apply for consent orders at any point, and you could possible email a copy of the consent orders to the judge or registrar who is managing your matter.
At Justice Family Lawyers, we understand the legal process can be overwhelming for our clients. We want to ensure that everyone has the best possible outcome from their legal dispute.
That's why we take the time to go through all of the details with our clients, so they have peace of mind in the process.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
