The Family Law Act and Consent Orders
Are Consent Orders expensive?
In most cases, lawyers will provide quotes for fixed fees for the preparation of Consent Orders, but what is included in these quotes and how much they costs can vary quite a bit. There is a strong likelihood that the cost will be significantly higher if you haven’t yet reached an agreement. Legal fees will also increase if you require independent legal counsel. You can expect to pay anywhere between $4500 and $7000 for most BFAs s. You can obtain a quote online here
What are the main advantages of Consent Orders?
An important benefit of Consent Orders is the peace of mind they provide to both parties. With a Consent Order, your property settlement will be finalized and neither of the parties will be able to come back for another settlement at a later date. Furthermore, consent orders will also set in stone the future arrangements for your children in the event that circumstances change in the future. Most people find that the costs associated with obtaining Consent Orders outweigh them significantly.
Consent Order v a Court Order – Is there a difference?
Both Consent Orders and court Orders have the same effect in that they are both legally binding and enforceable. The main difference is that often court Orders are imposed upon parties during the course of litigation and contested court proceedings and the parties have not agreed to them. In all instances, Consent Orders are made following an agreement reached between the parties.
Consent Orders what are they designed to achieve?
For a property settlement, the purpose of a Consent Order is to finalize the financial relationship between the parties and to divide all assets and liabilities belonging to the parties between them.
In a parent in case, the purpose of a Consent Order is to formalize the agreement reached between two parties for the kid’s future care arrangements for their child or children. Consent orders are a very different process from obtaining a divorce.
Why get Consent Orders are better than a parenting plan?
A parenting plan is not legally binding and cannot be enforced by the Family Court. It is a record of the agreement that you and your former partner have reached but it’s not a legal document.
Consent Orders will contain much of the same information as a parenting plan although it will be worded in a way that ensures that there is no room for ambiguity. Consent Orders have been made by the Family Court and are therefore legally binding and enforceable by the Family Court.