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?
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A Consent Order is an order made by the Court on the basis that all parties agree or "consent" to the Order being made.
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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.
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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.
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Obtaining Consent Orders following the breakdown of a relationship should be one of the first things on your agenda.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Is Obtaining Divorce the Same Thing as Getting Consent Orders?No. A lot of people tend to confuse getting divorced with obtaining Consent Orders. Divorce is a separate matter and has no ramifications for your family law parenting or property matters, apart from affecting the limitation period for the property matter. In fact, a lot of people obtain Consent Orders first and worry about getting divorced later. When you separate, you may have up to three different matters to attend to: Divorce, Parenting Matter and Property Matter. We assist with all of these matters and offer a free initial consult for your peace of mind
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I Want To Obtain Consent Orders. What Should I Do?First, we need to assess your individual circumstances and advise you if this is the right option for your matter. To get started please contact us on 02 8722 5021 for an obligation free initial consultation with a family lawyer at no cost to you.
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How Much Does It Cost to Get Consent Orders?We offer a fixed fee for obtaining Consent Order, which covers all work performed by us on the matter for period of 90 days. We find that a large majority of these matters tend to settle well within 90 days. If the parties are still unable to reach an agreement after 90 days, it is usually a good indication that there are significant issues in the matter and we may recommend that legal proceedings are commenced following mediation. The costs of obtaining Consent Orders depend on the size of the property pool, complexity of asset structure and the extent of negotiations required to reach an agreement. We offer a free initial assessment and quote during our first free consultation.
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Does My Former Partner Need a Lawyer As Well?No, unlike a Binding Financial Agreement, there is no requirement for your former partner to have independent legal advice. However, we do recommend that for some Consent Order matters your former partner obtains independent legal advice.
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I Want To Obtain Consent Orders, But My Former Partner Does Not Agree To My Proposal. What Should I Do?An Application for Consent Orders can only be lodged when all parties agree and sign the application. We can assist in negotiations with your former partner, if he or she does not accept your offer of settlement. It is a requirement that prior to going to Court, the parties attend mediation or some form of dispute resolution to attempt to resolve their matter. If following mediation, your former partner still does not agree to settle the matter (for example, he or she wants a significantly higher share of the property pool than their legal entitlement) your only alternative may be to commence legal proceedings in the Federal Circuit and Family Court of Australia.
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Should I Do a Financial Agreement Instead of an Application for Consent Orders?The suitability for a Binding Financial Agreement will vary depending on your particular circumstances and we will assess this individually on a case by case basis. We certainly do not recommend executing a Binding Financial Agreement simply because it may be a quicker option for you. There are several reasons for this, including the fact that a Binding Financial Agreement is generally more susceptible to being challenged and set aside, compared to Consent Orders. In our view, for matters where the parties have separated, obtaining Consent Orders should always be the preferred option over executing a Binding Financial Agreement. However, in cases where an Application for Consent Orders may be rejected by the Court as a result of an unjust and inequitable agreement, executing a Binding Financial Agreement would usually be recommended.
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I Already Have a Written Agreement With My Ex. Why Do I Need Consent Orders?Unless the agreement is formalised by way of Consent Orders or Binding Financial Agreement, such agreement would not be legally enforceable. This means that your former partner could change his or her mind at any time and potentially go after other significant assets registered in your name sometime in the future. We urge all our readers and clients to heed our advice to avoid significant issues following separation: You absolutely need to obtain Consent Orders after separation even after you have already divided all the assets in accordance with some informal agreement.
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Can You Assist in Setting Aside the Consent Orders Obtained Previously?It may be possible to vary the Consent Orders if there has been a significant change in your circumstances resulting in it being impracticable to comply with the Consent Orders. It may also be that the circumstances have changed in a way that makes it no longer in the child's best interests for you to continue to comply with the Consent Orders. Each case needs to be treated and assessed individually and we recommend that you obtain initial free advice with one of our lawyers to better understand your options.