Presented By Owen Hodge Lawyers

STEP-BY-STEP GUIDE TO CONSENT ORDERS

OVERVIEW

• What are Consent Orders?

• Steps to Obtain Consent Orders

• What does the Family Law Act say about Consent Orders?

• Enforceability of Consent Orders

• Get the Help you Need

WHAT ARE CONSENT ORDERS?

When separated or divorced parties reach a final agreement about parenting arrangements for their children and/or how to divide their assets and debts, these agreements can be reflected in Consent Orders that are then approved by the Family Court. This means that once consent orders are approved by the court they become legally enforceable court orders.

There are numerous benefits to parties entering into consent orders, such as:

• Control over the formulation of the agreement and the ultimate outcome

• Future certainty & security of parenting arrangements for both parents

• No lengthy courtroom battles which means less stress and financial strain

• The orders are enforceable by the court if either parent breaches the orders

STEPS TO OBTAIN CONSENT ORDERS

Firstly, you need to enter into negotiations with the otherparty in order to reach an agreement. Issues that should

beincluded in consent orders include the following:

In financial matters:

Division of matrimonial assets and debts Spousal Maintenance

In parenting matters: Living arrangements for children including

special occasions & holidays Parental Responsibility Changeover arrangements Overseas travel Communication methods

1. NEGOTIATE AND REACH AGREEMENT

2. DRAFT THE COURT DOCUMENTS

• Once an agreement is reached two documents need to be prepared. These documents are called an Application for Consent Orders and Consent Orders.

• It is important to have these documents drafted, reviewed, and approved by a family law solicitor.

• If the documents are not prepared properly they may be rejected by the court and/or it may be difficult for the court to enforce the agreement in the future.

• E.g: when parties agree to super splitting order the wording of this order in the consent orders must be approved by the trustee of the superannuation fund.

3. FILE THE DOCUMENT AT COURT• Once the documents have been reviewed

and agreed to by both parties, they must be signed by both parties and sent to the Family Court.

• A fee must also be paid to the court when the documents are submitted.

WHAT DOES THE FAMILY LAW ACT SAY ABOUT CONSENT ORDERS?

• When formulating a parenting and/or financial agreement the parties need to have regard to The Family Law Act 1975.

• For example, the Family Law Act stipulates that the paramount consideration in every parenting matter is what is in the child's best interests, and the Act sets out specific factors that need to be considered when determining what arrangement is in the child's best interests.

ENFORCEABILITY OF CONSENT ORDERS

• Consent orders are legally enforceable, and under the Family Law Act 1975 there are consequences for any party that does not follow the orders. This is known as "breaching" or "contravening" the consent orders.

• It is crucial that a party entering into consent orders understands their legal obligations, along with the consequences if they breach the orders.

• The only explanation acceptable to a court for a party breaching consent orders is if the party accused of breaching the orders can show they had "reasonable excuse" to breach the order.

• It is at the discretion of the judge to determine if the party had "reasonable excuse".

• When a consent order is breached, the court will review all the circumstances of the matter, including whether the breach was minor or major and how many times the party has breached the orders.

• The court has the power to penalise a party found to be in breach of the orders and some of the penalties are as follows: Make up time with the child for the other

parent

An order to participate in a parenting program

Fines

Community service

Incarceration

GET THE HELP YOU NEED

The best way to be certain that consent orders are prepared properly is to obtain the advice of a lawyer who is skilled in family law matters. The family law solicitors at Owen Hodge Lawyers offer comprehensive services designed to assist you to reach the best outcome possible. Call us today at 1800 770 780 or contact us via email at ohl@owenhodge.com.au to schedule a consultation with our team of family lawyers. We look forward to assisting you.

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