Family law is probably one of the most complex areas of law for most people and in particular when it concerns children, property, or finances. In Australia, parents can sign consent orders and arrange for their agreements to be enforced without having a court hearing. In this piece, we explain what consent orders are and where they fit in the family law landscape and how Stewart Family Law can help you in this effort.
What Are Consent Orders?
Consent orders survive once etched in stone that have been signed by disputing parties involved in family law matters, particularly pertaining to children or financial matters. If both parties are able to come to an agreement for the issues at hand, they can seek the Assistance of the Family Court of Australia to register the orders granted. The purpose of these orders is to facilitate understanding and compliance by ensuring that the agreements reached are not defaulted on.
Appropriate orders can stipulate, among other things, parenting or living arrangements, division of property and assets, and spousal maintenance or child support orders. This practice is generally less adversarial than pursuing the matter before the court and helps families settle their differences constructively.
Why are Consent Orders for Parenting Arrangements and Financial Aspects Important?
1. Enforceable Legal Agreements: It is important to recognize that the orders shall only become enforceable after the court has approved them. As such, if one of the parties is found to be in breach of the agreement, the other party is at liberty to pursue enforcement through the courts.
2. Prevention of Future Conflicts: Consent orders also outline measures that will be taken as regards custody and distribution of property among the parties. This goes a long way in assisting in preventing conflicts and confusion in the future.
3. Facilitating Agreement Surpassing the Rights of the Parties: Parties are always able to go into independent agreements as opposed to having the end results in the hands of the judge. This increases the chances of better results that fit the family’s scenario more closely.
4. Time-Saving Considerations: Consent orders application is relatively cheaper and easier than going through contested court hearings for the parties involved. This is rather useful especially for families that want to cut down on the stress and financial costs that come about in times of crisis.
The Procedure of Obtaining Orders by Consent
The process for obtaining consent orders usually involves the following steps:
1. Bargaining: The first step involves the parties’ agreement. Mediation or negotiations with family lawyers can aid in this.
2. Formulation of the Agreement: When such an agreement is reached, it is best to record it in writing. Here, the assistance of legal experts like in Stewart Family Law is indispensable. They will assist in making sure all prerequisites of the law governing agreements are abided by, and relevant details are included.
3. Filing the Application with the Court: After concluding the agreement, there is a need to file a request for consent orders with the Family Court. This entails attaching the agreement and all other necessary appendices.
4. Issuance of the Orders: The court will consider the application by focusing on the orders sought, for instance, whether these orders are in the best interest of any children involved and whether other legal stipulations are met. If the court is satisfied with the application, it will grant the orders, and these will be enforceable.
5. Issuance of Consent Orders: Once the orders have been granted, copies of the consent orders will be issued to both parties for record maintenance.
Why Choose Stewart Family Law?
When it comes to family law, having the right advocate in the court of law is important. Stewart Family Law is always at the forefront in helping Australian families by being committed to providing expert and relevant help. The family law practitioners appreciate the emotional aspects associated with family crises and work towards resolving legal issues that are in the best interest of all, with a special focus on minor children.
When clients utilize the services of Stewart Family Law, they do not only gain:
– Family Law Knowledge and Skills: The attorneys at Stewart Family Law are conversant with family law in Australia, and therefore, the clients will be given relevant and appropriate legal advice in regard to their circumstances.
– Every Family is Unique: It is important to Stewart Family Law that once a client has entrusted them with a case, the case is viewed and treated with special interest as no two families are alike.
– All Kinds of Assistance: From the time one begins negotiating down to when one applies to court, there is constant assistance, so clients do not feel out of place at any point.
Conclusion
In the area of family law, the reinstatement of a consent order is a useful remedy for parties who want to solve their differences peacefully and without taking up a lot of time. Consent orders also ensure that if each of the parties focuses their attention and resources on the means of enforcement of the contracts, they are materially reducing the chances of having the contracts in the future. Stewart Family Law should be contacted for any family law issues as it is located in Australia. They hold high standards of service and professionalism which is relevant to clients who are faced with consent orders and seek that the best interests of their family are protected.
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