Understanding The Process And Benefits Of Consent Orders

If you are planning to write consent orders Adelaide in South Australia, it is important to understand the process and benefits of writing a consent order. Court proceedings can present financial and emotional strain on the parties involved. In this article, we will help you understand the benefits and process of consent orders so that you do not face any challenges when writing a consent order.

Cost-effective ways of resolving issues

Consent orders have the benefit of being a cost-effective way of resolving issues once you get a divorce. With consent orders, a lot of people can reach an agreement between themselves or with the help of a lawyer. They can agree on how their property should be divided and arrangements for how to take care of their children. Without proper documentation of such agreements, there cannot be a certainty that you will rely on the same terms. It is not uncommon for parties to renege on an agreement later on and start contested court proceedings which can be financially and emotionally draining. When this happens, you cannot present an informal agreement in a family court.

Consent orders ensure that a formal agreement is final

When you document your agreement in form of a consent order, you ensure that the agreement is final and enforceable. While the documents are submitted to the court, the process doesn’t require either party to appear in court for the hearing. You can just involve consent orders lawyers and once the orders are sealed by the court, they carry the same weight as other court orders.

What do consent orders cover?

If both the involved parties have agreed in settling their matters after a divorce, the court can make orders for the following matters: division of your respective property and joint property, spousal maintenance, and parenting arrangements – who will live with the children and when will the other partner visit the children.

There are some things which the court won’t make orders by consent. Some of the most common examples are the maintenance of the children and child support which is not a matter in relation to which the family court will have jurisdiction. There are a lot of ways to document agreements for the kids’ financial support which your lawyer will advise you accordingly.

Why is it important to document your agreement?

It is very cheap to engage a lawyer to write your application. It is also simple and stress-free especially compared to contested court proceedings. Having your agreement finalized quickly and professionally is beneficial where you have kids and it is very important for your relationship to be workable as co-parents.

You should also consider the potential financial impact of not having consent orders Adelaide in South Australia in place: not being able to device your superannuation, paying stamp duty on any property transfer, potentially not being indemnified in relation to any liabilities incurred during the marriage, including jointly, by either party and through any entity. Property orders give you finality and certainty concerning your financial circumstances and you will be able to move on without any risk of a potential claim in the future.

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