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Consent Orders: Frequently Asked Questions

If you are going through a divorce or separation, you will at some point have to come up with a consent order, which is a legally binding document that details what the terms are of the termination of the relationship. This consent order would be agreed upon by both parties, with a family lawyer drawing up the document, which would be presented to the family court for their consideration and approval, and once the court approve the agreement, it then becomes legally binding. Here are a few commonly asked questions relating to consent orders.

Q: What is a fixed fee consent order?

A: fixed fee consent orders are carried out for an agreed fixed fee, and included in this agreement, the document can be amended 3 times without incurring further costs. First, the lawyer would receive your instructions and they he or she would draw up the document in a format acceptable to the court and send it to you for your approval, in the event you would like to change something, this will be done as instructed and when you approve the draft consent order, the lawyer will then instruct you how to file the papers.

Q: Is a consent order compulsory?

A: No, it is not compulsory to have a consent order, if you are both in firm agreement over all the details of the separation, however, if you do take out a consent order, then neither party can change their mind at any point in the future, so the consent order is a way of finalising without the possibility of a change of heart.

Q: What can a consent order include?

A: Consent orders usually include all real estate, vehicles, furniture, items of jewellery and other personal possessions. It can also include who is going to live in the marital home, whether or not one party will share their superannuation and also details about child custody, including who has the role of parent and guardian and visitation rights. If a cash payment is part of the agreement, this would also be recorded.

Q: What happens if both parties cannot agree to all of the points in the agreement?

A: This is often the case, and both lawyers would negotiate until a satisfactory agreement is reached.

If you are soon to be going through a divorce or separation and you and your partner would like to draw up a consent order, search online for a local family law firm who ca help you with the agreement.

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