If you are new to consent orders, you must know that it is a legally informed binding document showing an agreement during parenting or financial separations. You might have already heard the terms’ parenting orders’ or ‘property orders’; both are parenting and property orders.
If you want to file for a consent order in family law, you must apply to the Family court or Federal Court in Australia to make the order. But there are things that you must consider when seeking any consent order; for that, you may even require legal advice. In this guide, you will learn more about consent orders in Australia.
Do You Require Any Consent Order If You And Your Ex Have a Friendly Relationship? Are There Any Other Alternatives?
A consent order is not the only option you have or the only avenue you can take. Other options, namely parenting plans, do not require any application to the court and are not legally binding. Parenting plans are legal documents signed and dated to outline the arrangements to take care of your children.
The arrangement can either be simple or detailed and include the responsibilities of each parent, who the children will be in general, and during the holidays. It can also include education, medicine, routines, and many more. You can also apply to the court to transform your parenting plan into a consent order. But you must be careful, as parenting plans can still have legal implications.
Consent Orders, Parenting Agreements, and Binding Financial Agreements
In the case of parenting agreements, there are no strict rules for the care of your child as they are usually less formal and not legally binding. Parenting agreements can either be written or oral or an agreement that later becomes a consent order. This is why parenting plans are also considered parenting agreements with arrangements necessary for the child and their parenting.
A binding financial agreement (BFA) is a contract between two individuals in a marriage or a de facto relationship. It helps govern or control how assets, properties, and other financial matters are divided when there is a separation.
Before contacting any family law firm, you must learn more about these agreements. BFAs can also include any prenuptial agreements other than the agreements entered into before, during, or after the breakdown of the marriage/relationship. In the case of a consent order, they do not require legal representation, but it needs the involvement of a lawyer.
Can A Consent Order Be Created In Mediation?
Consent orders can easily be created in mediation if the matter is not already in court. But you easily come up with a draft order by agreeing to the mediation. This will be helpful for you so that both you and your partner will have a lawyer to find a mutual solution. Mediation can benefit you if you do not have a friendly relationship or feel an imbalance of power.
What Is The Way To Apply For A Consent Order?
You must apply to the court to make a consent order, and the court will consider if a parenting order is in the child’s best interests. The court will also examine whether the property orders have no problems and are equitable between the two parties.
The proper ways to file a consent order are as follows:
- You must complete the application for consent orders, and a “statement of truth” will be needed by both parties. You can seek legal advice from an expert lawyer in your area.
- Proposed orders are a form of draft agreements that can help propose the consent order for the court. You must meet all the strict requirements of this order to be accepted by the court, or you may even need the help of a lawyer.
- All the relevant documents must be signed after an agreement is reached between both parties.
- After this, you can file all your documents on the commonwealth courts portal.
- The last step is to pay the fee to apply.
An application will take around eight to twelve weeks to be considered by the Australian court. If time is important to you, you can opt for a BFA instead. You will be contacted via email after your order is issued.
Can A Court Reject A Consent Order, Or Can A Judge Change A Consent Order?
Before you look to file consent orders in Perth, you must remember that it will be determined by the court to consider it just and equitable and in the child’s best interest. This indicates that they can only be rejected if they do not meet the specific requirements.
The court might ask for changes to the wording or look for more information. To ensure your order is drafted correctly, you must acquire legal advice. Any consent order for parenting can be changed if you or the other party agree that it is no longer working. Your current order may not apply before you make a new parenting plan or order.
You might even be able to apply to the court to either change or set aside the order provided by the court. But there are some strict requirements, such as attending mediation with your former partner. A consent order for a property can also be set aside for other reasons.
What Happens If Your Former Partner Breaches The Consent Order?
As per the consent order family law, the Australian court will have multiple options when a parent breaches a consent order, and you take them with you to court. The court might order your former partner to complete a post-separation parenting course.
This is when they might enter an approved counselling service and learn how to enhance conflict resolution to focus on the child. The court can also change the current consent order to help compensate for the time lost or make changes that might favour the non-breaching party. Multiple breaches can lead to more severe penalties, including compensation for legal costs, fine, community service, or even imprisonment.
What Are Some Benefits Of Having A Consent Order?
There are various benefits of having a consent order, such as:
- Having a consent order can help you claim an exemption from stamp duty. This indicates that you do not need to pay stamp duty or transfer fees when transferring property between you and your former partner in the division of the assets for separation.
- The same will apply to capital gains tax relief rollover relief. This indicates that if your property is transferred due to a consent order, CGT may be deferred before the person getting the property does not claim ownership via disposal, transfer, or selling.
You can take legal assistance if you want to file a consent order in court with the help of top lawyers. The best family lawyers in Perth can help advise you on your rights and obligations. They can help you negotiate an agreement with your former partner and draft all the important documents for a successful application.