Both Consent Orders and court Orders have the same effect in that they are both legally binding and enforceable. The main difference is that often court Orders are imposed upon parties during the course of litigation and contested court proceedings, and the parties have not agreed to them. In all instances, Consent Orders are made following an agreement reached between the parties.
Consent Orders what are they designed to achieve?
For a property settlement, the purpose of a Consent Order is to finalise the financial relationship between the parties and to divide all assets and liabilities belonging to the parties between them.
In a parent in case the purpose of a Consent Order is to formalise the agreement reached between two parties for the kid’s future care arrangements for their child or children.
Why get Consent Orders are better than a parenting plan?
A parenting plan is not legally binding and cannot be enforced by the Family Court. It is a record of the agreement that you and your former partner have reached, but it’s not a legal document.
Consent Orders will contain much of the same information as a parenting plan, although it will be worded in a way that ensures that there is no room for ambiguity. Consent Orders have been made by the Family Court and are therefore legally binding and enforceable by the Family Court.
What are Consent Orders?
Consent Orders are a great way for separating parties to formalise an agreement they’ve reached for the division of their assets or the future care arrangements for their children with the Family Court without having to go to Court.
In relation to a property settlement, Consent Orders are a written agreement that sets out the division of your assets and your liabilities. So, for example, if one person is going to buy the other person’s interest in their house, the agreement sets that out in detail, including when it will happen, the refinancing of any mortgage, and any payment to be made to the other party for their interest. In relation to parenting matters, Consent Orders set out the precise living arrangements for the child or children. They might live week-about with each party, or they might be predominantly cared for by one party and see the other parent during the week and on weekends. Many other details are set out in the agreement as well.
Once the Court makes Orders in accordance with your agreement, it becomes legally binding, as if a court had made Orders after a contested hearing. So they’re just as enforceable. But neither of you have to attend Court to get your Consent Orders made. So long as you submit your agreement in a way that the Court accepts, it will make Orders in the same format that you’ve submitted your agreement to the Court.
Property settlement Consent Orders can also close bank accounts, split superannuation, or deal with more complex things like dividing family trusts and transferring interests in companies. The idea is that everything that is owned and owed is included, so there’s no dispute about anything later on. Parenting Consent Orders deal with everything from where a child or children will live, spending time with each parent during holidays and special occasions like Christmas and birthdays, through to overseas travel and where they’ll go to school.
Consent Orders are a great way to formalise what you’ve agreed to informally and give both parties peace of mind and clarity to enable them both to move forward with their lives.
What financial matters can and can’t Consent Orders deal with?
Consent Orders can deal with all types of financial matters, from transferring a property from one joint name to one person’s name to making arrangements for a superannuation split. Consent Orders can be made to include which close bank accounts or transfer balances from one party to another. Consent Orders can require one party to make a payment to the other party within a set timeframe or transfer motor vehicles from joint names or from one party’s name to the other. Consent Orders can also deal with more complex matters, such as the transfer or winding up of family trusts and the transfer of companies and/ or their assets. Any assets and liabilities the parties own can be dealt with in (financial) Consent Orders. Consent Orders can also be sought, which bind companies and trusts owned or operated by the parties and can require the parties to do or not do things on behalf of the company or the trust. Assets can come from a trust or company and go to an individual.
However, financial consent orders cannot deal with matters in the nature of child support. So if you want to agree on the payment of child support for a child or children of the relationship that cannot be dealt with in your Consent Orders. Child support matters generally fall within the jurisdiction of the child support agency. The parties can also have their own private and formalised child support agreement if they want to; however, this is a separate document, known as a Binding Child Support Agreement and again is different to Consent Orders made by the Court by way of property settlement.
