Judge proceedings can present a significant emotional and financial strain on both functions. In this specific article we cover the process and great things about consent orders.
Consent orders carry the good thing about being truly a very cost-effective way of resolving or tying the loose ends of the relationship in a comparatively short space of time, enabling you to move ahead with your daily life.
Many people are able to reach arrangement between themselves, or with the assistance of a lawyer, as to how their property should be divided between them, and the preparations for good care of their children.
However, without documenting such arrangement, there cannot be certainty that you can count on the conditions of the contract. Unfortunately, it isn’t uncommon for a celebration to renege with an agreement at a later point and commence contested judge proceedings. When this happens, an informal arrangement cannot be officially enforced by the Family Court.
To make sure that an informal contract is enforceable and final, it ought to be documented by means of a Minute of Consent Orders and filed at the Family Court with an Application to have the orders made. As the documents are published to the Family Judge, the process will not usually require either get together to surface in Courtroom at a hearing.
Once orders are created by consent and are sealed by the Courtroom, Consent Orders take the same weight as any other order created by a Magistrate or Judge and can be enforced by the Courtroom.
What can consent orders cover?
If both celebrations have come with an arrangement in settling concerns to finalise their romance, the judge can make orders by consent for the next matters:-
parenting arrangements, including who the kids live with and spend time with, who may have parental decision-making responsibility and other orders;
department of your joint and respected property and superannuation; and spousal maintenance.
There are a few matters or that your court won’t make orders by consent. The most frequent exemplory case of this is preparations for child support or maintenance of the kids, which is not normally a matter in relation to which the judge will have jurisdiction. You will discover other ways to document agreements for the financial support of children, which your solicitor will consult with you.
Benefits documenting your agreement
Engaging a lawyer to draft the application and minute is relatively inexpensive, low stress and simple, particularly in comparison to contested courtroom proceedings. Agreeing just how forward and your agreement finalised as quickly and professionally as is feasible is also specifically useful where you have children and it is very important to your relationship to stay workable as co-parents.
Additionally it is important to consider the actual financial impact of failing to have property consent orders set up – without which you might:
pay stamp work on the transfer of any property (even from joint names to one person only);
pay CGT on the copy of any relevant property;
not be able to split your superannuation, or create potential tax or regulatory issues if you try to do this yourself;
potentially not be indemnified with regards to liabilities incurred through the romance, including by either get together, jointly or through any entity, and including taxation which may be later assessed.
Having property orders made also offers you certainty and finality with regards to your financial circumstances, and you may proceed without threat of another potential claim.