Are consent orders final?
Yes, consent orders are final. In financial matters, the court has an obligation, as defined in the legislation, to end the financial relationship between the parties. Thus, a good solicitor will draft Consent Orders that cover both the assets and liabilities of both parties, but do so in such a way that there aren’t any financial ties between them after the Orders are implemented.
Consent Orders for parenting cover all the issues that are important to both parties and to the kids in the relationship, so there’s no reason the matter needs to be revisited or the Consent Orders won’t get done.
If possible, the court wants to avoid either party having to go back to court, whether it’s a parenting order or a property settlement. When you’re reviewing and considering signing Consent Orders, remember that they’re meant to finalize everything between you and your ex. Make sure everything you’re concerned about is covered, and make sure your assets and liabilities are listed.
Consent orders are legal, right?
Your Consent Order has the same effect as a court order made by a judge after a contested hearing. If one party doesn’t comply with a court order, you can ask the court to enforce it. It doesn’t matter if it’s a parenting order or a property settlement. So for example, if you have a parenting Consent Order that has been made by Consent that says the children are to be returned to you at a certain time on a certain day and that doesn’t happen, you can apply to the court to have the Consent Order enforced. If your former partner is supposed to transfer a lump sum of money to you by a certain day and doesn’t, you can apply to the court to have that Order enforced.
However, having legally binding court orders usually results in both parties complying with them, since neither party wants to go to court to have a court order enforced against them. Also, Consent Orders arise from an agreement being reached between the parties, and so because they’ve actually agreed to the Orders being put into place, they’re usually quite happy to comply with them.
But the Order is just as legally binding whether it’s made by Consent or by contested court hearing. You didn’t have to go to court or go through a contested hearing to get a Consent Order because the court makes the orders in chambers, not in court.
If you require assistance with Consent Orders, please contact Kate Austin Family Lawyers Canberra They are accredited specialists in Family Law and can assist in all areas of amicable agreements and divorce applications.
