binding financial agreement

Consent

Consent Orders are the preferred way for many people and their former partners to reach an agreement about care arrangements for their children, as well as the division of property and spousal maintenance.

When you and your ex reach agreement about these matters, with or without the support of professional mediation and/or lawyers, you can lodge an Application for Consent Orders with the Family Court without actually having to go to Court. Consent Orders have the same legal effect as an order made after a Court hearing.

If you and your ex are unable to reach agreement, even after professional mediation, and the matter goes to Court, you may both obtain legal representation. The time and complexity of going to Court will usually be greater, and this will have a significant impact on costs.

While you are not required to seek independent legal advice in applying for Consent Orders, you may benefit from doing so, especially if your family or financial affairs are more complex.

If you are wondering how best to deal with your current situation, Leach Legal offers a free, 15 minute consultation over the phone on (08) 9486 9733.

What legal matters do Consent Orders cover?

Consent Orders cover two main categories of agreement:

Parenting Orders, dealing with matters such as who the children will live with; how much and where they spend time with the other parent and other people; who has parental responsibility for the children (such as who chooses what sport they play); who takes them to school, what medical treatments occur, and what religion they follow.

Financial Orders, dealing with matters such as financial support for a former husband, wife or defacto partner; and how financial assets and liabilities should be shared between you, including property, financial resources and superannuation, although in Western Australia defacto partners cannot obtain orders to split superannuation.

People are sometimes tempted to transfer or hide assets from their soon-to-be-ex, on the basis that they will benefit from Financial Orders made in ignorance of these assets. This action is unwise. Forensic accounting makes it likely that such assets will be revealed. If this occurs after Consent Orders have already been made, those Orders can be set aside and the concealer could suffer financial consequences including having to pay the other party’s legal costs. In short: it’s just not worth the risk.

Typical questions you may have:

  • How close are you and your ex to agreeing on parenting and financial matters?
  • Are you confident you can agree on the main issues, or would you benefit from professional mediation and/or independent legal advice?
  • How complex are your family and financial matters? For example, do you have joint investment properties, a Self Managed Superannuation Fund, or assets in different countries? Greater complexity suggests legal advice should be taken.
  • If children are not involved, would a Financial Agreement offer a preferable alternative as a means of formalising how assets will be divided?

Our team of experienced, professional, Perth Family Lawyers are here to help with your consent orders. Phone us for a free, phone consultation on (08) 9486 9733.

 

I was satisfied with the initial Family Law consultation and subsequent engagement with Leach Legal. They were very professional and I felt very relaxed and confident that the staff could do a great job. It was worth the expense. I have recommended Leach Legal to my friends who might require your services. A difficult situation made easy.”

AC


You know what a state I was in when we first met. The difference your combined efforts have made to my life cannot be properly described. Nor can it be over estimated. Your caring management and professional and business like approach to your respective areas of work left nothing to be desired. No one could ask more than that. A very big THANK YOU. “

Mrs T, Woodlands


“I would recommend Leach Legal at a drop of a hat and have done many times. If someone needed Family Law advice, Catherine would be the first port of call.”

Mrs C, Floreat

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