Consent orders are made by mutual agreement and avoid Court if you and your ex partner can agree about children and division of property.
Lawyers for consent orders
Stanley & Co Lawyers are committed to keeping you out of Court wherever possible because we do law differently. Instead of billing by the hour, we offer fixed fee family law services, and accept legal aid in certain cases. Our Adelaide family lawyers have over 13 years experience and will handle you matter with compassion and discretion.
We are sensitive to the needs of families and will negotiate matters outside of Court to reduce cost and delay. We will always aim to reach a fair settlement first. Our priority is to keep you out of the Court. If we cannot, we will fight for your rights and ensure you get the best outcome.
You should not have to worry about legal fees. Unlike other law firms, we do not bill by the minute. Instead, we offer fixed fee pricing to provide our clients with financial certainty and peace of mind.
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Call (08) 6117 1649 to arrange a free no obligation consultation or fill out the contact form below.
Consent orders for property settlement
To minimise cost and delay, we begin by handling property matters by negotiation with your former partner. If they agree to a division of property or assets, our experienced Adelaide Family Lawyers will get you the best result.
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Helpful Questions & Answers
WHAT ARE CONSENT ORDERS?
Consent Orders are orders that you and the other party agree on. You and the other party can apply for consent orders to be made without going to court. Consent orders have the same legal effect as if they had been made by a judicial officer after a court hearing.The Family Court encourages families to reach agreement about the care arrangements for their children, the division of property, or spouse or de facto partner maintenance. If you want an agreement to become an order before the Court, we will help you apply for consent orders to be made without having to actually go to Court.
HOW DO I APPLY FOR CONSENT ORDERS?
Separation is a difficult time filled with uncertainty. But, you don’t have to do go through it alone. Our family lawyers can help you understand your legal rights and responsibilities. We will explain how the law applies to your case, and help you reach an agreement outside of Court. When you work with Stanley & Co Lawyers, we will do the worrying for you. Although this is a difficult time, we are here to support you and you may reach us anytime without worrying about paying for a phone call.
Are there any time limits?
Applications for Consent Orders in relation to Children may be filed any time after separation. Applications for Consent Orders in relation to Property must be filed within 12 months of a divorce or 2 years of the breakdown of a de facto relationship.
If you are married but separated (and not yet divorced), you can apply for a property settlement, and there is no time limit.If filing beyond the time frame, you need to ask the Court for permission to file the application. We can help you with this and have achieved favourably outcomes for many clients in the same situation.
WHAT CAN I DO WITH A CONSENT ORDER?
Financial Consent Orders and Property Settlement
These include orders relating to:
- Spouse maintenance: financial support for a husband or wife or former husband or wife.
- De facto partner maintenance: financial support for a party to a de facto relationship which has broken down.
- Property: how your property, superannuation, financial resources and liabilities should be shared between you.
Parenting Consent Orders
The Family Law Act 1975 requires the Courts to regard the best interests of a child as the most important consideration when making parenting orders. These include orders relating to the person the child spends time with, the time. Any person concerned with the care, welfare and development of a child can apply for parenting orders. This can also include grandparents.
Types of Parenting Consent Orders
- “Living with” arrangements: the person with whom the child lives – including any shared arrangements.
- “Spending time” arrangements: the times that a child may spend with a parent with whom they are not living, or anyone else who plays an important part in their life, such as a grandparent and can be either face-to-face, or by phone, email or letters.
- Child maintenance: for children not covered by the Child Support (Assessment) Act.
- Parental responsibility: The long term major decisions about the children.
WHAT THE COURT WILL CONSIDER
When deciding an application for consent orders, the Court must be satisfied that:
- For parenting orders, the arrangements are in he best interests of the children;
- For property orders, the arrangements are just and equitable.
If the Court is satisfied that orders should be made, the Court will issue the consent orders. We will then provide you with a letter of advice explaining the effect of the orders and any next steps (if applicable) to take.
- We send you a tailored fixed fee agreement.
- Choose the service and fixed fee that suits you
- Sign the agreement
- Pay the agreed fixed fee
- Work begins on your matter immediately
- Receive confirmation when each checkpoint of your fixed fee agreement is reached.
- Once your matter has concluded and you are satisfied we will close your file.
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