Many separating or divorced couples avoid ever going to court. As a result, they're never exposed to the costs, time commitment and uncertainty of long legal proceedings. At the same time, it is possible to make the most of the benefits of obtaining final court orders without experiencing so many of the challenges.
One of the common means of avoiding court is via an application for consent orders. When a couple can agree to arrangements for either or both their property and children, it is possible to prepare an application and a set of orders that entirely deal with their matter. Once submitted, the court will assess the application and, once satisfied, issue the orders requested by the parties. The application is dealt with in chambers. Neither party needs to attend court in any fashion.
With respect to children, a set of consent orders can give both parties security and certainty about arrangements for the future. The orders can deal with all the normal issues including where a child lives, how they spend time with each parent, special occasions, medical issues and travel.
With respect to property, orders can have benefits including savings on stamp duty for any property transfers, they can split superannuation (between married spouses or defactos), allocate assets and assign responsibility for liabilities. Once issued the orders mean that both parties can move on without the threat that the other person might change their mind and attempt to alter a property arrangement.
Consent orders are a simple and affordable solution to so many family law issues. If you or someone you know might benefit from an application for consent orders please call us on 0474 112 316.
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