Consent Orders in Perth

If you and your spouse or ex-partner have reached an agreement regarding your financial/property settlement or parenting arrangements then you can formalise the agreement in a Court order. As the order is made by consent, it is referred to as a Consent Order.

Consent Orders can be a very efficient and cost-effective way of finalising the financial aspect of a marriage or de facto relationship.

You and your spouse or ex-partner will make a joint application to the Court asking that the agreement you have reached be formalised as a Court order.

The benefit of having a Court order that formalises the agreement is that the agreement is clearly set out for everyone, and it can be enforced if the other party does not comply with the agreement.

Whilst you and your spouse or ex-partner may have reached an agreement, the Court still must consider the factors set out in our financial/property settlement and parenting pages as to whether the agreement is appropriate before making a Court order. If the Court does not believe that the agreement is appropriate, then the Court can refuse to make the Consent Order until sufficient changes have been made. If this happens the Court will notify you of the issues in your application for Consent Orders.

Consent Orders are intended to be final. It is not easy to amend, vary, or overturn Consent Orders once they have been made.

It is therefore important to seek legal advice from a specialist family lawyer to make sure that your application for Consent Orders is properly drafted, includes all relevant clauses, and is legally binding, and to consider any concerns that the Court may raise in respect of the proposed orders. This will avoid any unnecessary delays and costs.

If you are considering making an application for Consent Orders then contact our friendly family law team for advice.