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So you need a consent order!
The document provides an overview of consent orders in family law, detailing what they are, their advantages and disadvantages, and the process for obtaining one. It covers the types of matters consent orders can address, such as financial and parenting issues, and offers tips for drafting and filing. Additionally, it discusses how to change consent orders and emphasizes the importance of legal advice.
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So you need a consent order!
- 2. A bit aboutme! Clarissa Rayward Director Brisbane Family Law Centre Accredited Family Law Specialist Mediator & Collaborative Family Lawyer Also known as “The Happy Family Lawyer” www.thehappyfamilylawyer.com
- 3. How will thiswork? • Please ask questions • This is general information and remember you should obtain advice specific to your family
- 4. What are wegoing to cover? 1. What is a Consent Order? 2. Why would you need one? 3. What can they cover? 4. What they can’t cover? 5. How do you obtain one? 6. An Example! 7. Can you change or vary them later? 8. Some tips and tricks if you are preparing it yourself.
- 5. What is aConsent Order? A form of a Court Order, made by the Family Court of Australia that will finalise generally parenting or financial matters between separating couples.
- 6. Why do Ineed one? -End financial relationship (property/ spousal maintenance) -Provide certainty in parenting arrangements Note- as a Court Order, does create legal obligations that need to be adhered to
- 7. Advantages? - Quickand Cost effective to obtain ($155 filing fee general cost when prepared by Solicitors between $3,500 to $6,000) - Provide certainty - Provide you with the same legal document that a Court would provide at the end of a litigation process
- 8. Disadvantages? -Do createlegal obligations and they therefore need to be complied with (important to consider this in parenting matters where flexibility may be more important) -Can be complex to draft if you are doing yourself -Difficult to vary/ change without further agreement
- 9. What can theycover? 1. Financial Matters - Division of Property - Spousal Maintenance 2. Parenting Matters - where children live - Parental responsibility - Specific matters including, schools, holidays, travel, special days
- 10. What they can’tcover? 1. Financial Matters - Needs to be ‘just and equitable’ 2. Parenting Matters - Child support and other general costs associated with children
- 11. How do youobtain one? 1. Reach an Agreement 2. Draft documents 3. File documents in Family Court 4. Effect terms of Order
- 12. Step 1- Reachan Agreement How do I reach an Agreement? • Negotiation • Mediation • Collaborative Practice You should try and have all the key parts of your agreement finalised in bullet points before putting yourself to the expense of drafting the Consent Order
- 13. Step 2- DraftDocuments • Application • Order • Affidavit for procedural fairness (if superannuation split) • Annexure to consent Order (parenting orders)
- 14. A few Tipswith Documents • Legal Advice is recommended but not required • Your signature will need to be witnessed by a JP or Solicitor • Check and double check your documents!
- 15. Step 3- FileDocuments • Very very soon you will be able to do this online! https://www.comcourts.gov.au • Presently- need to file in person or by post at your nearest Family Court Registry • Remember to have 1 original and 2 photocopies of each document The correct filing fee All documents
- 16. Step 4- Effectthe terms of your Order • After filing you will receive a ‘sealed’ copy of the Court Order. Once you have this you will need to ensure that you then do all the steps required by the Order.
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- 18. Kassandra, Orlando &8 year old Glynn! Property & Parenting so the Documents required are- • Application • Order • Annexure to the Order Let’s have a look at the documents!
- 19. How can youchange a Consent Order? 1. Financial Matters - Very hard to change if don’t both agree to the change 2. Parenting Matters - Can change at any time if both agree - If don’t agree need to show a Court that there has been a ‘significant change in circumstances for the children’
- 20. Some Tips andTricks 1. Do seek legal advice and assistance with drafting. 2. Remember to include up to date financial information in your Application- it does not need to be ‘perfect’ but don’t leave things out. 3. Think carefully about the Orders you are seeking, particularly for children, sometimes being too detailed is not the best thing. 4. Use headings and treat your headings as a checklist. 5. Make sure you comply with the terms of your Orders, serious penalties can apply if you don’t.
- 21. And a UsefulLink- The Family Law Courts Do it yourself Kits http://www.familylawcourts.gov.au /wps/wcm/connect/FLC/Home/For ms/Do-it-yourself+kits/
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