Consent Orders for an Amicable Separation

Are consent orders final?

Yes, consent orders are final. In financial matters, the court has an obligation which is provided for in the legislation to end the financial relationship between the parties and so a good solicitor will draft Consent Orders that cover both the assets as well as the liabilities of both parties but do so in a manner that does not leave any financial ties between the parties once the Orders have been implemented.

Similarly, with parenting consent orders, the idea is that all of the issues that are significant to the parties and to the children of the relationship are covered by the Consent Orders, which means there is no reason why the matter would need to be revisited or the Consent Orders not be finalized.

Whether the orders relate to parenting matters or a property settlement, the court’s role is to prevent either party from feeling the need to return to court. When reviewing and considering signing off on Consent Orders, keep in mind that they are intended to finalize everything between yourself and your former partner. The documentation should include all of your liabilities and assets that are of concern to you.

Are consent orders legally binding?

Consent Orders have the same effect as court orders made by a judge following a contested hearing. A court order can be enforced if one party fails to comply with it. It does not matter whether the Consent Order relates to your property settlement or is a parenting order. If, for instance, you have a parenting Consent Order made by Consent that says the children must be returned to you at a certain time on a certain day but that doesn’t happen, you can apply to the court to enforce the Consent Order.  You can apply to the court to enforce a court order if your former partner fails to transfer a lump sum of money to you by a certain date.

The fact that court Orders are legally binding does, however, typically result in both parties complying with them, since neither party usually wants to be taken to court to have an Order enforced against them. Consent Orders are also a result of an agreement between the parties, so they are generally quite happy to comply with them since they have agreed to them.

Although the Order has the same effect, and is just as legally binding, whether it is made by Consent or through a contested hearing. Consent Orders are issued in Chambers, not in open court, so you don’t have to attend court or go through a hearing to get one.

If you require assistance with Consent Orders, please contact Kate Austin Family Lawyers Sydney. They are accredited specialists in Family Law and can assist in all areas of amicable agreements and divorce applications

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