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A Guide On Consent Orders And The Steps Following Them

by charlotelee
A Guide On Consent Orders And The Steps Following Them

A consent order is a legal document approved by the court legalizing some form of agreement that has been decided between the two parties. These kinds of formal orders are issued when the two parties involved in the family court finally come to a certain agreement, and the court issues the consent order so that every time the court does not need to make the decisions for the parties involved.

You can always apply for a consent order from the start of the court proceedings, or you can request the consent order in the mid of a proceeding as well. These steps are mostly suggested by reputed family lawyers in Perth WA who have dealt with these situations for years and know exactly when applying for consent orders will give a verdict in favor of you.

As legal terms have a lot more to understand than just the mere dictionary-based meaning, here is a brief guide on consent orders and the steps associated with them.

The Need For A Consent Order

As already mentioned, a consent order is a set of documents that records the settlement terms or agreements between two parties involved in a legal battle. Mostly the consent orders Perth is given during family law-related legal affairs like divorce settlements custody battles between parents or guardians. Some of the major reasons where you may find consent orders are being sought are as follows.

  • To prevent either of the parties from making further future claims

Whether you are fighting a financial battle or a divorce case, unless you have a written agreement, either party can raise some dispute in your settled arrangement and claim any part of your asset in the near future. So to secure your position and give us certainty about your situation, a legal consent order stating the agreements properly is extremely important.

  • Divorce settlements

Divorces are sometimes consensual and messy, especially concerning the financial settlements associated with them. Of course, you can always hope for financial agreements decided by the court, but asking the court to decide on your behalf can be lengthy and expensive. This is where getting a consent order family law approved and agreed by both parties can sort your situation.

In this context, it needs to be remembered that consent orders, once approved by the court, are just like judicial verdicts. Therefore, the court can uphold it if one person tries to break it, only if the person can prove that they were forced to sign it or that a fraud took place. Then they might be exempted from legal charges.

The Steps For Application

The process of applying for a consent order is pretty straightforward, and you need to put some documents and come to an agreement with the opposite party.

  • The first step for getting a consent order is gathering all the information needed to prepare the statement. Here the document required will include details of your personal information, in case of a divorce battle, the duration of your marriage, the approximate values of your assets and earnings in the current market, whatever intended future agreements of accommodation or lifestyle both parties have thought of, child custody matters, etc.
  • After submitting all the required documents to the reputed Family Lawyer Perth they will start drafting your proposed consent order. You can complete the template yourself, but it is advised that you are always open for solicitors to do the drafting for you. During this agreement drafting, there has to be absolute cooperation from the other parties; if you don’t have good cooperation from the other party, you can ask a reputed solicitor to act as an impartial draftsman.

Once the final consent order has been properly drafted, which is formally known as form A notice of intention, there are some other supportive documents like some other forms legal notice of financial orders copies of your proposed consent, one signed by you one side by the other party and one completely unsigned, a check for the court fees, etc. needs to be sent to the court.

And lastly, if the court finds your proposed consent order to be fair, it might approve the order without even any of the parties needing to attend the court. Then the code will return an approved consent order directly to your solicitor. The code might also change some of the proposed agreements, or if they find any mistake, they might ask you to rectify it and send them ASAP.

Generally, the contents of the consent order are pretty simple and straightforward, and it takes about 6 to 10 weeks for the court to complete the application. The validity consent order is infinite unless the order mentioned some timeframe.

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