After a divorce or separation, parties may come to an agreement regarding their property and/or parenting matter, and they can seek the advice and help of family lawyers to aid them in doing so. Subsequently, the parties can have this agreement formalised by way of Consent Orders, which are legally binding documents that have been approved by the court.
Consent Orders can cover a range of matters, including how matrimonial property is to be divided between the parties. Parties may also come to an agreement as to how parenting arrangements will operate, such as by allowing the children to live with the Mother and spend time with the Father every weekend.
Why Are Consent Orders Important?
Individuals must be wary of relying on handshake deals or informal agreements regarding their parenting and property matters because these are not enforceable in court. This means that Party A may unilaterally change the terms of the agreement or refuse to uphold the entire agreement. Unfortunately, Party B would have little means of recourse.
Therefore, Consent Orders are important in formalising the agreement which both parties have arrived at.
What Are Some Advantages of Consent Orders?
- Cost Effective - Consent Orders are significantly cheaper compared to litigation. Statistics show that the costs of obtaining Consent Orders are 60%-70% lower than that of litigation.
- Efficiency - Courts deal with a significant number of cases, resulting in substantial delays before a final verdict is delivered. Consent Orders allow the parties to prepare an agreed plan between themselves, which they can present to the court for approval.
- Flexibility - Consent Orders are flexible, allowing parties to negotiate the terms directly between each other and arrive at an agreement which specifically addresses their concerns or interests.
If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.