What are the Benefits of Consent Orders?
By Ward Keller | September 2024
Author | Partner, Andrew Elliott
Consent orders offer several benefits, particularly in the context of resolving disputes and formalising agreements between separating or divorcing couples. Here are some key advantages:
Legally Binding and Enforceable
Consent orders are court-approved, making them legally binding. This ensures that both parties are obliged to follow the terms set out in the order. If either party fails to comply, the other can seek enforcement through the court.
Certainty and Finality
Once approved by the court, consent orders provide certainty and finality to both parties. This helps avoid future disputes over the same issues, as the terms are clearly documented and legally recognised.
Cost-Effective
Compared to a contested court hearing, obtaining consent orders is generally less expensive. It reduces the need for extensive legal representation and court appearances, thus saving on legal fees and associated costs.
Timesaving
The process of obtaining consent orders is typically quicker than litigating the matter through a full court process. This can help parties move on with their lives more swiftly.
Reduced Stress and Conflict
Consent orders are based on mutual agreement, which can lead to a more amicable resolution. This reduces the emotional strain and conflict often associated with family law disputes, benefiting both parties and any children involved.
Flexibility and Control
Parties have more control over the terms of their agreement, as they can negotiate the details to suit their specific needs and circumstances. This flexibility is often not available in court-determined outcomes.
Confidentiality
The process of negotiating consent orders is private, unlike court hearings, which are generally public. This can help protect the privacy of the parties involved.
Tailored Solutions
Consent orders can be customised to address the unique needs of the family, including specific arrangements for children, property settlements, and spousal maintenance.
Simplified Process
The process of applying for consent orders is straightforward. Parties need to complete and file an application with the court, along with the proposed orders and a statement of truth. The court then reviews the application to ensure the orders are fair and in the best interests of any children involved.
Support from Legal Practitioners
While legal advice is often recommended, parties can draft and submit consent orders themselves or with the assistance of legal practitioners, ensuring that the orders are properly formulated and compliant with legal standards.
Overall, consent orders offer a practical, efficient, and less adversarial way to resolve family law matters, benefiting all parties involved by providing a clear enforceable framework for future arrangements.
If you have separated from your partner and require assistance with formalising an agreement, please contact Ward Keller on (08) 8946 2999 or wardkeller@wardkeller.com.au
