Consent Orders Application With The Family Court
We use our best endeavours to attempt to assist clients to reach appropriate and acceptable application for consent orders with their spouses or de facto spouses in relation to the division of property and superannuation entitlements with Family Court Australia.
In our experience, approximately 90%-95% of all family law matters relating to property, with which we deal, result in consent orders being made by the Family Court Australia in terms acceptable to both parties.
There is a convenient procedure available in the Family Court of Australia which involves the submission of an “Application for Consent Orders”, which is completed by both parties and submitted to the Court on a consensual basis together with a Court filing fee of $80.
In the majority of cases, a Registrar of the Family Court Australia makes an order in the terms sought by the parties without the necessity of a Court hearing of attendance of either of the parties at Court.
Obtaining Application For Consent Orders in this way is a convenient means available to the parties to achieve:
- certainty
- finality
in relation to property and financial issues as well as in relation to parenting matters.
Consent orders relating to parenting matters allow the parties to obtain legally binding orders relation to such issues as with whom the child or children will live, the time that the child or children will spend with the other parent and such other matters as education, medical treatment, religious and other relevant issues.
Consent orders can be enforced in the event that either party breaches the terms of the orders.
Case Assessment Conference
When proceedings have been commenced by a party to a marriage or by de facto partners, the first Court event is usually known as a “Case Assessment Conference”.
A Registrar of the Family Court Australia or the Federal Magistrates Court of Australia generally conducts the Case Assessment Conference with a view to:
- attempting to identify the principal issues
- making appropriate orders or directions for the case to proceed in an appropriate manner including the provision of financial disclosure by both parties, obtaining valuations of assets or superannuation etc.
At Clive Mills & Associates we understand that this is a difficult and stressful time for our clients. We listen to and understand our clients’ concerns. We will be pleased to assist you in avoiding any legal pitfalls.
Call us on (02) 9199 0737 or send an email to cjm@cmalegal.com.au for assistance.
“Clive Mills Pty Ltd t/as Clive Mills & Associates –
Liability limited by a scheme approved under Professional Standards Legislation ABN No. 61 118 894 787″