Family Law: Consent Orders Explained

When a married couple, or two people in a de facto relationship, decide to end their relationship, they normally come to an agreement over how the joint assets are going to be shared. This would involve the family home, any vehicles they might own, jewellery, furniture and other valuable assets that they have acquired while being together, with the consent order detailing how assets are to be divided.

The Welfare of the Children

Of course, when children are involves in a broken relationship, then their welfare must be top priority, and whether you are planning to raise the children in the family home, or are happy for your ex-partner to take on this role, while you visit according to a set schedule. There are family lawyers that specialises in fast fixed consent orders in Sydney, which allows both parties to move on with their life, and if your partner is in full agreement, the process can be completed in a few days.

Negotiating a Consent Order

As you would expect, there are a lot of minor details to discuss and, if necessary, to include; things like whether or not the child is allowed outside of the country, and if one parent is taking the child somewhere, are there any limitations upon that? As an example, one party wishes to stay in the marital home, with the children, and if that party took out a loan, they could pay their ex-partner their share of the equity, which would all be detailed in the consent order, which, when sealed by a family court judge, is legally binding.

Skilled Negotiator

It is important that you hire a good family lawyer when drawing up consent orders in Sydney, as he or she will be working hard to secure the desired outcome of their client, and with a fixed price, it doesn’t matter how long it takes to persuade your ex-partner to agree to your terms. If both parties are committed to forming an agreement that can terminate the relationship, then things usually get ironed out quite quickly, and in the event an agreement cannot be reached, then the case would be presented to the family court, who would arrive at a decision.

Your lawyer would know whether or not it is in your favour to push for a court hearing, indeed, your lawyer’s advice could be the difference between a favourable and unsatisfactory outcome.

Saxton Kaleb
the authorSaxton Kaleb