Property Settlement
5. Consent Orders by Agreement
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 22 Sep 2015
- Property and financial matters can be complex.
- The process of negotiating can be difficult as separations are often stressful times and financial matters can be overwhelming.
- In these situations it can be really helpful to get some input from an independent third party such as a lawyer to ensure your rights are being protected and that the agreement is fair.
- If you and your ex-partner decide you want to write down and formalise your agreement about the division of property then you may decide to apply to the court to formally make consent orders.
- Consent orders are an agreement between two people about the division of property. It is a written document that is signed and dated and approved by the court based on the accompanying application.
- There is no need to have a court hearing if you and your ex-partner can jointly make decisions and come to an agreement about the property division.
- You can apply to the court to make your agreed consent orders without the need for a lawyer. There is a Consent Order’s Kit that you can download on the Family Court’s Website: http://www.familylawCourts.gov.au/wps/wcm/connect/FLC/Home/Forms/Do-it-yourself+kits/.
- Some people do get legal advice before they draft consent orders and sometimes a lawyer can help both parties draft (write) the consent orders before the application is filed at the court.
- It is a good idea to get legal advice even if you are preparing the application yourself so that you have a full understanding of the effect of your proposed orders and your rights and responsibilities.
- Consent orders set out the agreed terms about the division of property. Spousal maintenance may also be included.
- Consent orders are legally enforceable. This means that if one party does not stick to what is agreed to in the consent orders then the court has the power to make them comply. If one party breaches the consent orders there can be serious consequences. It is a good idea to discuss this with your lawyer to find out exactly what this means in your case.
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