Consent Orders
At Surge Legal we specialise in drafting and reviewing Applications for Consent Orders for family law parenting and property matters. We also offer a fixed fee option for these matters.
We provide a free initial consultation to assess your circumstances and advise you in relation to your family law property and/or parenting matter and discuss the available options with you.
What are Consent Orders?
-
A Consent Order is an order made by the Court on the basis that all parties agree or "consent" to the Order being made.
-
Pursuant to the Family Law Act 1975 the parties are able to file an Application for Consent Orders with the Court, without the need to physically appear at Court, and obtain sealed Consent Orders in relation to their family law property and/or parenting matters based on the agreement reached.
-
Unlike a Binding Financial Agreement, which can only be used to formalise family law property agreements, Consent Orders can cover various parenting and property issues as agreed between the parties.
-
Obtaining Consent Orders following the breakdown of a relationship should be one of the first things on your agenda.
-
In some circumstances your matter may be better suited for a BFA instead of Consent Orders, particularly if the agreement reached is not just and equitable pursuant to the Family Law Act 1975. Please refer to our Binding Financial Agreements section for more information.
What We Do
-
Following our free initial consultation, we commence every matter with an in-depth conference with you (by video or in-person) to advise you of your legal options and the terms suitable for the Consent Orders.
-
For family law property matters, the exchange of financial disclosure documents between the parties is usually the first step, unless such disclosure had previously been made.
-
As soon as the agreement is reached with your former partner, we are able to prepare an Application and Minutes for Consent Orders within several days.
-
After the drafts are approved by you, we send the documents to the other side (note: it is NOT a strict requirement for your former partner to obtain independent legal advice) for their review and execution. Occasionally, the other side's solicitor will request some minor amendments to the draft documents and we will address these requests in accordance with your instructions.
-
After the draft documents are finalised and approved by all parties, the other side will normally execute the documents first. The documents signed by your former partner are then received by our office and we organise a conference with you at our offices for you to sign the documents in person.
-
Once the Consent Order documents are signed by you at our offices, we are able to lodge them with the Federal Circuit and Family Court. It takes between 4-6 weeks for the Court to review and approve the application. When the application is approved, you and your former partner will receive sealed Consent Orders from the Court and you will have to comply with the Orders going forward.
-
In summary, executing Consent Orders is an efficient, cost effective and quick way to formalise an agreement relating to the parenting issues and/or matrimonial property division in accordance with the Family Law Act 1975.
Our Fees
The costs of obtaining Consent Orders from the Court depend upon various factors, including but not limited to, the value of the property pool and whether or not the agreement has been reached fully or simply in principle, or if you require us to negotiate an agreement from start to finish. The costs will usually increase if the parties are required to engage in protracted settlement discussions, conduct substantial valuations and attend to complex financial disclosure, which may require a forensic accounting expert. Each matter is assessed on a case by case basis, so please contact us for a free initial assessment and quote.