Your Legal Experts In Preparing And Reviewing Consent Orders In Noosa, Sunshine Coast
If you and your former partner have arrived at an agreement about parenting arrangements and you want to ensure that the terms of your agreement are legally binding, then you can formalise your agreement by applying for Consent Orders. Coming to an agreement avoids long, expensive court battles. If you’d like assistance with drafting your consent orders Anumis legal is here to assist you.
How We Can Help You With Your Consent Orders
As your go-to family lawyers, we will prepare consent orders for you in the form of draft orders for the court. Usually the process is as follows:
We will meet with you to better understand your circumstances
Based on your family’s specific needs, we will advise you on the specific types of orders that you can and must think about.
We will take your instructions
We will draft the orders and provide them to you for your review
We will meet with you, or work with you via email, Zoom or Skype to amend the orders until you are happy with them
We will send the draft orders to your former partner or your former partner’s legal representative
Once you and your former partner have agreed the details of the orders, we will complete the necessary Court Application and file, along with your draft orders.
If the registrar of the court is satisfied that the terms of the orders are just and equitable in all of the circumstances, the registrar will issue sealed orders on the terms of the draft orders
How Much Do Consent Orders Cost?
As well as the costs of taking your instructions, drafting and amending your Orders to submit before the Court, there is a Court filing fee which is currently $170.00.
If you have a clear idea of what you are seeking and you and your former partner are largely in agreement, then the cost of settling your draft orders will be significantly less than if you are unsure of what you want and it is difficult for you and your former partner to see eye to eye.
It stands to reason that if you and your former partner can agree, your orders can be put before a registrar AND your orders are proper, just and equitable, then you are likely to spend less on legal fees than if your matter is complex.
At Anumis Legal, we are happy to advise you and work with you to achieve an efficient outcome. Sometimes it takes a little longer for agreement to be reached. Consent orders ensure that your former partner is held to account.
You deserve solid experience, knowledge, & the very best legal backing to ensure you achieve your goals.
What Parenting Arrangements Should You Consider When Preparing Your Consent Orders?
If you want your parenting arrangements to be formalised into Parenting Orders by Consent so that they are enforceable then here are some examples of things you will need to consider:
Does the child/ children live with you or your former partner?
What time does the child/ children spend with the parent that they do not live with?
What time does the child/ children spend with other people who are important to the children, such as their grandparents?
How does contact take place with important people in the child/ children’s life, such as for example, by phone, FaceTime, Skype, email or letters?
If your child/ children are not covered by the Child Support (Assessment) Act what are the provisions for child maintenance?
Are there any special and specific travel arrangements or conditions?
How might changeovers occur?
Are there any specific agreements that cover day-to-day care of the child/ children, their education, welfare, religion and their involvement in sport?
Are there any other factors that have to do with parental responsibility that you want to cover?
How will disputes between you and your former partner be resolved in the future?
What Happens If My Ex-Partner Does Not Stick To The Consent Orders?
Contravention of an Order is serious. You will find the penalties for Contravention of a Parenting Order in Division 13A of Part VII of the Family Law Act 1975.
Consent Orders must be complied with. Your former partner will be in contravention of the orders if they intentionally fail to comply with the orders or if they make no reasonable attempt to comply with the orders.
If the Court finds that your former partner has failed to follow the Orders without a reasonable excuse, it may do any of the following: impose a penalty, order your former partner to attend a post separation parenting program, require your former partner to enter into a bond, order your former partner to pay all or some of your legal costs, order your former partner to pay a fine, require your former partner to participate in community service, order your former partner to pay compensation for reasonable expenses lost as a result of their breach, vary the primary order, order your former partner to a sentence of imprisonment.
Do you need legal advice about how to obtain consent orders?
If you and your former partner have come to an agreement, then the Federal Circuit and Family Court of Australia provides a kit for the preparation of consent orders. However, we strongly advise you to seek legal advice before you sign any agreement or contract, so that you can be sure that the consequences of your agreement are the outcomes that you intend.
Do You Also Need Assistance Drafting Your Financial Consent Orders?
When you separate, it is important to come to an agreement with your ex-partner about how your property and financial assets will be divided between you, considering any liabilities, superannuation, loans and your circumstances. Financial Consent Orders will give you certainty and finality in terms of the financial and property aspects of your relationship.
To ensure that your agreement is enforceable and legally binding (as long as there are no Court proceedings on foot) you can formalise your financial agreement by applying for consent orders. The court will consider whether the Financial Orders you are seeking are just and equitable. If you’d like to learn more, check out our page about financial orders of consent today!
To Discuss Preparing Or Reviewing Your Consent Orders, Call The Anumis Legal Dream Team For Your Complimentary Consultation Now
If you need assistance or you would like to discuss Consent Orders as an option to bring certainty and enforceability to your parenting arrangements, Anumis Legal is here to help!
Call Nadine Love or Dr John Cronin on 07 5455 6347 or email admin@anumis.com.au today for your complimentary chat and we will be happy to assist you.
Dr John Cronin
Dr John Cronin holds a Master’s Degree in Business Management, a PHD in socially responsible investment, and is pursuing a further PHD in superannuation law. In his earlier engineering career, he led numerous large-scale equipment design and infrastructure development projects. A former financial and investment advisor, Dr John has a wealth of experience across banking, finance, and investment.
Nadine Love
Nadine Love holds a Master’s Degree in Dramatherapy. In her earlier career as an author, mentor and trainer through her books, products, and coaching services she assisted people to transform their personal and professional lives to find confidence, clarity, success, and wellbeing. Nadine was awarded the 2020 NSW Bar Association Prize for Civil Litigation and Evidence.
You can depend on our Commercial Law and Family Law firm to get to know you and your needs in depth. Our expert legal advice, courteously tailored to your specific circumstances, is at your right hand to that you can make well informed choices round the clock. We have your back.
To make your appointment or for further information: admin@anumislegal.com.au
or call 07 54556347
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