Family law issues, like property settlements or child custody, can be stressful. Consent orders provide a straightforward, legally binding solution.
At Genuine Legal WA, our team of experts provide advice to help WA families make informed decisions about consent orders.
What is a Consent Order?
Definition and Overview
A consent order is a legal document issued by the Family Court that formalises an agreement between parties in family law matters, such as property settlements, financial arrangements or parenting plans. It legally binds both parties to the terms without needing a drawn-out court battle. In Western Australia, consent orders give legal effect to agreements made outside of court, providing protection and enforceability while saving time and avoiding legal conflict.
Types of Consent Orders in Family Law
In family law, consent orders generally fall into two main categories:
- Parenting Consent Orders
These orders outline arrangements for children’s care, custody and welfare after separation. It will include details regarding parenting matters, such as where the child will live, how much time they will spend with each parent and other aspects of the child’s upbringing.
- Property and Financial Consent Orders
These orders deal with property matters, such as dividing assets and liabilities after a separation or divorce. It may involve the distribution of real estate, superannuation, savings or personal belongings, ensuring a fair and equitable split according to the law.
Why Choose a Consent Order?
Choosing a consent order offers several advantages for families seeking a fast, amicable resolution to their legal issues. Whether you’re dealing with financial arrangements or parenting matters, consent orders provide a structured and legal framework for your agreements.
Advantages of Consent Orders
Saving Time
One of the primary benefits of obtaining a consent order is that it saves time. The Family Court of Western Australia recognises and approves consent orders much faster than contested court proceedings. Once you and your former partner agree on the terms, your case can move forward without lengthy delays.
Protects Your Property In The Future
A consent order protects both parties in the long term. For property and financial agreements, having a legally binding consent order in place prevents either party from making future claims against each other’s assets. This finality is particularly important when both parties want to move on without the fear of future disputes.
Avoid Stamp Duty
In Western Australia, consent orders for property settlement can allow you to avoid paying stamp duty when transferring real estate between former spouses. This financial saving is a significant advantage and can alleviate some of the financial burden of property division.
Consent Orders vs. Court Orders
A consent order reflects an agreement between the parties, unlike a court order, which is imposed by a judge when disputes are unresolved. Consent orders are voluntary and submitted for court approval, making them ideal for those seeking a cooperative legal solution.
The Process of Obtaining a Consent Order in WA
Understanding the process involved in obtaining a consent order can help you prepare for what lies ahead. While the process may seem daunting, having a legal team by your side can ensure everything proceeds smoothly.
Step 1: Agreement Between Parties
Before applying for a consent order, the parties must reach an agreement on the issues at hand, whether related to parenting or property. Open communication is essential at this stage, with some benefitting from mediation or legal advice to ensure both parties understand their rights and responsibilities.
Step 2: Drafting the Consent Order
Once an agreement is reached, the next step is to draft the consent order. This is a detailed document that outlines the terms of the agreement and ensures it complies with family law regulations in Western Australia. It is crucial to have a lawyer draft or review the document to avoid any errors or ambiguities.
Step 3: Filing and Approval by the Court
After the consent order is drafted, it must be filed with the Family Court of Western Australia. The court will review the order to ensure it is fair and in the best interests of any children involved. If the court is satisfied, it will issue the consent order, making it legally binding.
Key Considerations for Consent Orders
While consent orders are an excellent option for many, there are key factors to consider before proceeding.
Legal Requirements
To be approved, consent orders must comply with legal standards, particularly when dealing with parenting arrangements or property division. For example, the court must be convinced that the agreement is in the best interests of any children involved.
Time Restrictions
In property matters, there are strict time limits for filing consent orders. If you are divorced, you have 12 months from the date of the divorce to finalise property matters. De facto couples have two years from the date of separation. Failing to file within these timeframes may require special permission from the court.
Common Pitfalls to Avoid
One common mistake in obtaining a consent order is failing to ensure the agreement is comprehensive and future-proof. It’s essential to account for all assets, liabilities and future financial concerns. Overlooking these details can lead to disputes down the road, which is why seeking legal advice is critical.
How Genuine Legal WA Can Assist You
At Genuine Legal WA, we specialise in family law and are committed to helping families in Western Australia navigate the complexities of consent orders.
Our Expertise in Family Law
With years of experience in consent orders in WA, our family law team offers expert guidance in drafting, negotiating and finalising consent orders. We understand the nuances of WA law and are dedicated to ensuring your consent order meets all legal requirements.
Personalised Legal Advice
Every family is unique and our lawyers provide tailored advice based on your circumstances. Whether you’re dealing with property settlements, child custody arrangements or both, we will work closely with you to achieve the best possible outcome.
Make an Informed Decision on Consent Orders
Choosing to formalise an agreement with a consent order is an important decision. At Genuine Legal WA, we are here to provide the legal support you need to make the right choice for your family.
If you’re considering a consent order family law solution, contact Genuine Legal WA today. Book a free consultation with our experienced WA family law team and discuss whether a consent order is right for your situation.
