Importance of Seeking Legal Advice Consent Orders

If you are going through a divorce or separation and are concerned about the outcome of the division of your property and assets or your childcare arrangements, a consent order in family law is the answer to your problem. Consent Orders in the family mean that you won't have a lengthy, expensive courtroom fight with your ex-spouse.

Court proceedings can place a significant emotional and financial strain on both parties. A consent order provides several important advantages: it is cost-effective, fairly fast, and legally binding. You will receive a series of court orders indicating that the settlement is complete and final.

What is a consent order?

Consent orders are written agreements that are approved by the courts and can handle childcare arrangements including parental responsibilities and financial arrangements including orders for spouse maintenance. An order of consent has the same legal effect and is equally enforceable as if it were made by a court after a plea hearing. Once a final order has been made either by approval or otherwise, it can only be changed or waived in very limited circumstances.

Benefits of documenting your agreement

Involving an attorney to draft your application is relatively inexpensive, low-stress, and simple, especially compared to a contested litigation process. Agreeing with a way forward and finalizing your deal as quickly and professionally as possible is also very beneficial if you have children and it is important for your relationship to remain workable as co-parents.

It's also important to consider the potential financial impact of not having a property consent order – without which you can:

• Pay stamp duty on the transfer of any property (even from a common name to one person only)

• Pay CGT on the transfer of the relevant property

• Not being able to split your pension, or creating potential tax or regulatory problems if you try to do it yourself

• Potentially not indemnified in respect of obligations arising during the relationship, including by either party, jointly, or through any entity, and including taxation that can be assessed later.

Having a property consent order made also gives you certainty and finality with respect to your financial situation, and you can proceed without the risk of potential future claims.

The benefits of obtaining a consent order are many, and it allows the parties to get on with their lives without the stress, expense, and inconvenience of litigation.

If you are looking for more information about the possibility of resolving your issue through a consent order or would like to be sure that the documents you have created are appropriate, then please make an appointment with Kate Austin Family Lawyers. One of our experienced attorneys will take you through the paperwork and provide advice on the consent orders being placed and potential pitfalls to watch out for.

Kate Austin Family Lawyers is a law firm that practices exclusively in family and divorce law. Offers experience in resolving complex financial issues arising from separations involving business entities, trusts, and large asset pools, in addition to negotiating simple divorces.