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The importance of properly drafted consent orders

Consent orders are court orders made by agreement between parties and are legally binding. In every case, the agreement between the parties is unique to the parties’ circumstances – consent orders are not a one-size fits all. The template orders published by the Family Court on its website are not necessarily suitable for your agreement or specific to your circumstances.

An agreement formalising your financial separation may be one of the most important transactions in your life.  By submitting a properly drafted application to the Court it is more likely to be accepted by the Court without requests for further information, which are a potentially time-consuming delay.

A competent lawyer will ensure the application is prepared accurately, in a manner that gives effect to your wishes and protects your interests. A poorly drafted application may not be acceptable to the Court or, worse still, may itself become a source of conflict.

If your financial affairs are complex; for example, your settlement involves a business, company or family trust, you have multiple properties or mortgages or you are splitting superannuation funds, legal assistance is highly recommended.

In limited circumstances, consent orders can be overturned by the Court, which can be a time consuming, costly and highly stressful process.

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