When a couple ends a relationship, they are faced with many changes and often, quite a lot of decisions to make.

Some decisions are small and relatively simple, while others can be a little more complicated to resolve and may even require intervention by the court.

Commonly, some of the more difficult decisions to make are those that involve the property and assets of the couple, and if they have children, how they will parent moving forward.

However, when a couple separates, it is vital that decisions regarding their property and parenting are made, and there are many ways that this can be done.

One of the ways a former couple can finalise property settlements and parenting matters is by reaching an agreement and applying for a consent order.

A consent order is a legal tool that can make private agreements legally binding and, in this piece, we’re going to answer the most common questions that we, as Australian family lawyers, are asked about consent orders. Keep reading to learn more.

Why do people apply for consent orders?

A consent order is most often entered into to protect both parties to the agreement.

By making the agreement a legally binding consent order, it ensures that the terms of the agreement are enforceable, which offers legal protection if either party were to break the terms of the agreement.

When a property settlement or parenting agreement is left informal, it leaves the door open for misunderstandings and unagreed upon changes to occur. Informal private agreements are not legally binding, so if one party breaches the agreement, nothing can be done from a legal perspective.

While many people may enter an informal agreement with good intentions, there are many factors that could affect a person’s ability to uphold their end of the agreement, and without serious consequences for not following the agreement, fulfilling their end of the agreement may lose importance to the individual over time.

What are the advantages of having consent orders?

If you’re considering applying for a consent order for a property matter or a parenting matter, there are a number of advantages of having consent orders. These include:

• Consent orders are legally enforceable, which can provide both parties with peace of mind that the orders are more likely to be adhered to and if not, the court can intervene;
• Each party to the agreement has been able to have a say and come to an agreement together, making it more likely that the agreement will be adhered; and
• The agreements are made outside of a court hearing, so not only are they on the terms of the parties, but the creation of the agreement will be less costly and drawn out.

These are only some of the advantages of consent orders.

What happens if a consent order is breached?

Like any order made by a court, breaching a consent order can have very serious ramifications. The consequences of the breach will vary depending on what was breached and why.

The breach could result in a contravention order that may lead to changes to the agreement, new additional orders, and even compensation from one party to the other.

If the other party to your consent order has breached the order, seeking legal advice from an experienced family lawyer can help you resolve the matter most efficiently.

If you are in Sydney, seeking a family lawyer in Sydney can help navigating your matter efficiently and conveniently.

How can a lawyer help with consent orders?

Consent orders are a great legal tool designed to protect each party’s interests after a separation or divorce, but in order to ensure that they do protect both parties and are legally enforceable it’s best to work with a lawyer.

The process of applying for a consent order involves gathering a lot of information and filling out a lot of documents. It also involves creating an agreement that both parties not only agree to but one that is considered fair.

An experienced family lawyer can help you to prepare consent orders and with filing consent orders accurately. They can also help advise on the proposed agreements and ensure that your rights are protected, and that you’re meeting your legal responsibilities.

Depending on your circumstances, a consent order may not be necessary, and an informal agreement may be sufficient. However, as every situation is different, it’s best to seek legal advice for your circumstances.