The importance of court orders after separation

Why do you need Consent Orders post separation?

If you have separated from your spouse and have reached an agreement regarding the arrangements for your children and/or the division of property, it is important that you protect your interests by documenting that agreement. Consent orders detail the agreement reached, and once sealed by the court, become legally binding. 

Parenting Consent Orders

Consent orders are legally enforceable.  This means that if one parent fails to uphold the terms of the orders, the other parent can seek to have the order enforced by the Court.  Without order in place, there is nothing to be enforced and any application to the court would be a fresh application regarding parenting arrangements, instead of an application to enforce the agreement reached.

Property Consent Orders

Formalising the division of property following separation finalises your agreement, granting you a right to enforcement and prevents any future claim.  When applying for orders regarding the division of property, the assets you have at that date are the assets taken into consideration (not the assets at the date of separation!). If you fail to obtain consent orders and you subsequently increase your asset pool, your ex-spouse may have an entitlement to those additional assets.  Once consent orders are sealed by the Court, you can be confident that your future assets are protected.

Where a transfer of real estate is required, Consent orders may exempt you from payment of certain expenses, such as stamp duty.

Still negotiating?

If you have not yet reached an agreement, we can assist you with negotiations to ensure a fair and equitable outcome.  Having your consent orders prepared by an experienced family lawyer will give you peace of mind and ensure your legal interests are properly protected.