A Consent Order is a legally binding agreement that is approved by the Family Court. It can cover both financial and parenting matters, and can be used to resolve disputes that arise during or after a separation. If the parties have reached an agreement on their own, without the assistance of lawyers, they can draft Consent Orders themselves. However, it is highly recommended that the parties seek the assistance of a family lawyer to ensure that the agreement is properly drafted and that their rights are protected.
Drafting Consent Orders for Financial Matters
When drafting Consent Orders for financial matters, it is important to ensure that the agreement is fair and reasonable. The agreement should cover all the assets and liabilities of the parties, and should outline how these will be divided. The agreement should also address any spousal maintenance that may be payable.
In order to draft Consent Orders for financial matters, the parties will need to provide a full and frank disclosure of their financial situation. This includes disclosing all of their assets, liabilities, and income.
Once the disclosure has been made, the parties can negotiate the terms of the agreement.
The agreement should be in writing and signed by both parties. The agreement should also be witnessed by a lawyer or Justice of the Peace. Once the agreement has been signed, it can be filed with the Family Court. The Family Court will then consider the agreement and, if satisfied that it is fair and reasonable, will make the Consent Orders.
Drafting Consent Orders for Parenting Matters
When drafting Consent Orders for parenting matters, it is important to ensure that the agreement is in the best interests of the child or children. The agreement should address matters such as where the child will live, how much time the child will spend with each parent, and how decisions about the child will be made.
In order to draft Consent Orders for parenting matters, the parties will need to negotiate the terms of the agreement. The agreement should be in writing and signed by both parties. The agreement should also be witnessed by a lawyer or Justice of the Peace. Once the agreement has been signed, it can be filed with the Family Court.
The Court will then consider the agreement and, if satisfied that it is in the best interests of the child or children, will make the Consent Orders.
Benefits of Drafting Consent Orders
There are several benefits to drafting Consent Orders.
First, Consent Orders provide certainty and finality to the separation. Once the orders have been made, the parties know exactly what their rights and obligations are.
Second, Consent Orders are legally binding. This means that if one party breaches the orders, the other party can take legal action to enforce the orders.
Third, Consent Orders can be enforced in other jurisdictions. This means that if one party moves to another state or territory, the orders can still be enforced.
Conclusion
Drafting Consent Orders can be a complex and daunting process. It is important to seek the assistance of an experience family lawyer to ensure that the agreement is properly drafted and that your rights are protected. At Leach Legal, we have skilled family lawyers who can guide you through the process of drafting Consent Orders for both financial and parenting matters.
Contact us today to schedule a consultation.