When a relationship breaks down, parties who agree on a division of the assets of the relationship may be able to apply for consent orders to formalise those arrangements and provide security to the parties going forward.
Why Choose Consent Orders?
After the breakdown of a relationship or marriage, the parties may come to an agreement about how to divide the assets and or liabilities of the relationship without the involvement of lawyers.
The problem is those agreements are not legally binding until they are formalised in consent orders and stamped by the Family Court of Western Australia.
Consent orders can be sought in relation to children's orders such as parental responsibility, spend time and contact arrangements as well as financial matters such as property settlement, spousal maintenance, child support and superannuation splitting.
While the Family Court provides a consent orders kit on their website, we often find that parties have great difficulty in completing the documents to the standards required by the Family Court of Western Australia due to the complex nature of the forms.
The orders made in consent order applications are binding, and therefore it is highly recommended they be drafted by a professional law firm such as WLM legal and that the other party obtains independent legal advice as to the effect of the orders prior to lodging them at the Family Court of Western Australia.
Unlike divorce applications, there is no set time wait period as to when parties may apply for consent orders, although in our experience, it is often easier and less stressful to apply for them as soon as possible following the breakdown of the relationship. This also assists when parties intend to sell a home or other significant item of property, having consent orders in place prior to the sale will ensure that each party is protected and their share of the proceeds are protected by an enforceable Court order.
At WLM Legal, a vast majority of our Family Law matters result in consent order applications. This has given us a wealth of experience in the field and allows us to provide the best level of service when it comes to resolving your matter without the stress, hassle and cost of litigation.
Call us today to organise a meeting with our experienced Family Lawyers to finalise your consent order matters now!