Are consent orders final?
Yes, consent orders are final. As a result of legislation, the court is required to end the financial relationship between the parties in financial matters. Thus, a good solicitor will draft Consent Orders that will cover both the assets and liabilities of both parties, but will ensure that no financial ties exist between the parties once all the Orders have been implemented.
Similarly to parenting consent orders, the idea is that all of the issues that are important to the parties and to the children of the relationship are covered in the Consent Orders, which makes it unnecessary for the matter to be revisited or to not be finalized.
It is the court’s duty to ensure that neither party feels the need to bring the matter back before the court, regardless of whether the orders pertain to parenting matters or to property settlements. Therefore, when reviewing and considering signing off on Consent Orders, it is important to keep in mind that they are intended to finalize everything between you and your former partner. Ensure that all of your liabilities and assets are described in the documentation and that everything that is of concern to you is covered.
Are consent orders legally binding?
If you make a Consent Order, it has the same effect as a court order made by a judge following a contested court hearing. In other words, if one party fails to comply with a court order, you may seek enforcement from the court. It does not matter whether the Consent Order relates to your property settlement or to your parenting plan. Therefore, if you have a parenting Consent Order made by Consent that states that the children must be returned to you at a certain time on a certain day and this does not happen, you can apply to the court to enforce the Consent Order. A court can enforce an Order requiring your former partner to transfer a lump sum of money to you by a specified date if he or she fails to do so.
Even so, if there are legal orders in place, both parties are usually inclined to comply with them, as neither party desires to be taken to court to enforce a legal order. Also, Consent Orders arise from an agreement being reached between the parties, and so because they’ve actually agreed to the Orders being put into place, they’re usually quite happy to comply with them.
The Order, whether made by consent or following a contested court hearing, has the same effect and is equally binding in law. You did not have to attend court or undergo a contested hearing to obtain a Consent Order since the court makes the orders in chambers, not in open court.
If you require assistance with Consent Orders, please contact Kate Austin Family Lawyers Adelaide They are accredited specialists in Family Law and can assist in all areas of amicable agreements and divorce applications.