Reaching an amicable decision with your former partner or spouse is always preferable to litigation. Stacks can assist you to draft consent orders in relation to property division and the care of children.
If both parties can agree on how to divide assets, and/or on the care, welfare and development of their children, the Family Court can make orders by consent. This does not require either of you to attend court, but merely to submit your agreement for the court's approval.
The Family Court is obliged to take into account a number of matters to determine whether the proposed consent orders are "just and equitable". It is not simply a "rubber stamping" exercise. The court must review all of your financial details in light of your agreement to decide if the division is just and equitable. If children are involved, the court will look at whether the agreement is in the best interests of the child.
Once the Family Court approves the consent orders, it will seal them and send a sealed copy to both parties. Breaching the terms of the consent orders can result in various consequences, depending on the seriousness of the breach.
Stacks Law Firm can provide advice and help you to negotiate consent orders with your former spouse or partner that are fair. We will draft the consent orders and submit all relevant documentation. We can also assist you to make changes to any existing Family Court orders.
Need advice about a consent order? Call us today