Consent Order Lawyers Brisbane
Clear Legal Advice for Consent Orders
If you and your former partner have reached an agreement, consent orders can give that agreement legal effect without a contested court process.
Consent orders are made by the Federal Circuit and Family Court of Australia. They can deal with parenting arrangements, property settlement, financial matters or a combination of these issues, or other relevant matters.
Daykin Family Law helps clients understand whether consent orders are suitable, what terms should be included, and whether the agreement properly reflects what has been decided.
What Can Consent Orders Cover?
Consent orders can cover parenting, property, spousal maintenance and financial arrangements, among other things.
Parenting consent orders may deal with where children live, how much time they spend with each parent, school holidays, special occasions, changeovers, communication, travel and parental responsibility.
Property and financial consent orders may deal with the family home, property transfers, sale of assets, bank accounts, superannuation, business interests, loans, liabilities, vehicles and spousal maintenance where relevant.
Once approved by the court, consent orders are legally binding. This can provide more certainty than a verbal agreement, informal arrangement or parenting plan.
Why Get Legal Advice Before Signing?
Consent orders can have long-term legal, parenting and financial consequences. It is important to understand what you are agreeing to before anything is filed with the court.
For parenting matters, the court must consider whether the proposed orders are in the child’s best interests. For property matters, the court must consider whether the proposed outcome is just and equitable.
A family lawyer can help identify unclear wording, missing terms or issues that may cause disputes later. This is especially important where the agreement involves children, real estate, superannuation, businesses, debt, trusts, family loans or future payments.
How Daykin Family Law Can Help
Daykin Family Law can assist with:
- advice on whether consent orders are suitable
- drafting consent orders and application documents
- reviewing proposed orders before you sign
- negotiating terms before an agreement is finalised
- parenting and child-focused terms
- property settlement and financial orders
- superannuation splitting orders
- responding if the court requests changes or further information
Our role is to make sure the agreement is clear, practical and properly prepared before it is sent to the court.
Do You Need to Attend Court?
In most cases, you do not need to attend court for consent orders. The application is usually considered based on the documents filed.
If the court asks for changes, clarification or more information, Daykin Family Law can help you respond and move the application forward.
Speak With a Consent Order Lawyer in Brisbane
Daykin Family Law is based in Fortitude Valley and assists clients across Brisbane and surrounding areas. Appointments are also available by phone or video where suitable.
If you have reached an agreement, are reviewing proposed consent orders, or want to make your family law agreement legally binding, contact Daykin Family Law to book an appointment.
Consent Order FAQs
Are consent orders legally binding?
Yes. Once approved by the court, consent orders are legally binding and each party must comply with them.
Do I need a lawyer for consent orders?
You are not required to have a lawyer, but legal advice is recommended before signing or filing consent orders.
Do we need to attend court?
In most cases, no. The court usually considers the application based on the documents filed.
What is the difference between a parenting plan and consent orders?
A parenting plan is a written agreement, but it is not legally binding or enforceable like court orders (although can be a piece of evidence for any future court proceedings). Consent orders are essentially approved by the court and are legally binding.
Have an enquiry?
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Our Location
Level 12, 269 Wickham Street
Fortitude Valley QLD 4006
