Our Melbourne consent order lawyers offer compassionate guidance during separation, helping you reach fair and legally binding agreements that protect your financial security and promote positive, sustainable parenting arrangements.
Rely on us to provide the expert insights you need to make informed decisions about your future, guiding you toward the most favourable outcome in your divorce.
With extensive experience, our team offers honest, clear guidance on parenting matters and property division, ensuring you understand your options following a relationship breakdown.
We focus on achieving fair resolutions through collaborative law and mediation, aiming to reach amicable agreements that reduce the need for court involvement whenever possible.
Family law matters can be complex, but we’re here to simplify the process for you. Our team provides expert advice and support on consent orders, ensuring that your property division, parenting arrangements, and financial matters are legally binding and fair.
We focus on achieving the best possible outcomes through collaborative law, mediation, and negotiation, while always prioritising efficiency, clarity, and a smooth resolution, allowing you to move forward with confidence.
We offer expert guidance in negotiating consent orders. We help you reach fair agreements on parenting and property matters, reducing the need for court involvement and ensuring the terms are in the best interests of all parties involved.
Our team ensures your negotiated agreements are drafted into legally binding consent orders, clearly outlining the terms for parenting arrangements, property settlements, or other family law matters tailored to your needs.
We assist with submitting consent order applications to the court, ensuring all legal requirements are met for approval, and ensuring your agreements are recognised and enforceable.
We provide support in drafting and finalising parenting orders, ensuring they are legally binding and reflect the best interests of your children, covering living arrangements, decision-making responsibilities, and visitation schedules.
Our team helps you create financial orders that fairly divide property, superannuation, and other financial assets, ensuring clear, enforceable arrangements that protect both parties’ financial futures.
We facilitate mediation and Family Dispute Resolution (FDR), helping you negotiate mutually beneficial agreements on property and parenting matters. We aim to resolve disputes amicably and reduce the need for court intervention.
Consent orders are legal documents used to formalise agreements between separating or divorcing couples. They cover essential matters such as property division, financial settlements and parenting arrangements.
These orders ensure that agreements are legally binding, providing both parties with clarity and security. Obtaining consent orders helps protect your financial future and ensure the best interests of any children involved are upheld, offering a streamlined way to resolve disputes without the need for court intervention.
Proposed consent orders can be drafted after you decide on what will happen with your property and parenting matters. Property consent orders will need to be deemed fair and equitable under the Family Law Act, and parenting consent orders will need to be in the best interests of the child or children involved.
Reach an agreement: Negotiate or mediate on parenting or property matters.
Seek legal advice: Both parties should obtain independent legal advice.
Draft the consent orders: Have the agreement formalised into legally binding consent orders.
Apply to the court: Submit an application for consent orders to the court.
Court approval: Once approved, the consent orders are legally binding.
Action the orders: Implement the agreed terms as instructed in the orders.
Parenting consent orders should cover key aspects of child care, including living arrangements, time spent with each parent, and decisions about education, healthcare, and religious upbringing. They should ensure that both parents share responsibility for making major decisions in the child’s life while considering the child’s best interests.
The orders should also outline how to handle any future disputes, ensuring clear, enforceable arrangements that support the child’s wellbeing and stability.
Property or financial consent orders should outline how assets and liabilities will be divided between the parties. This includes real estate, financial assets, superannuation, and debts. The orders must ensure a fair division in accordance with the Family Law Act, reflecting both parties’ financial contributions and future needs. It’s important for the orders to be comprehensive and legally binding, providing clarity on ownership and preventing future disputes over property division.
A property settlement typically covers:
The family home, investment properties, and real estate
Cash, debts, and mortgages
Vehicles and personal belongings
Investments and superannuation
Business interests
These assets and liabilities are divided equitably, taking into account both parties’ contributions during the relationship and their future financial needs.
There are time limits within which you must apply for consent orders. Typically, if you are divorcing, the application must be made within 12 months of the divorce being finalised. For de facto couples, applications should be submitted within 2 years of separation.
Missing these deadlines may limit your ability to request consent orders, so it’s crucial to act promptly and seek legal advice to ensure your rights are protected.
If you and your former partner cannot reach an agreement on key matters like parenting or property division, various steps can help resolve disputes. Mediation or Family Dispute Resolution (FDR) may assist in finding a solution.
If these efforts fail, you may need to apply to the family court for a decision. Seeking legal advice early is essential to understanding your rights and available options and achieving a fair outcome.
Once consent orders are approved by the court, they become legally binding and enforceable. Both parties are required to adhere to the terms outlined in the orders, whether relating to property division, financial matters, or parenting arrangements.
If one party fails to comply with the orders, the other can apply to the court for enforcement or seek remedies such as changes to the orders. It’s important to understand your options moving forward.
Book an appointment with our experienced Melbourne Family Lawyers today. We’ll provide expert legal advice on the best path forward for your property settlement, parenting arrangements, and other family law matters, whether during or after your relationship breakdown.
Our team is committed to helping you achieve fair, legally binding solutions for your future.
PARTNER – Accredited Specialist in Family Law
St John Heath is a Partner at Tonkin Legal Group and a leading Family Lawyer in Victoria.
Accredited Specialist in Family Law
Richard Tonkin is a Consultant Lawyer and one of Victoria’s most experienced and respected Family Lawyers.
Most people reach an agreement through negotiation, mediation or discussions. They may agree on property division, parenting arrangements and financial support, which can all be addressed with the same application. Once a mutual agreement is reached, the terms are drafted into consent orders. Legal advice is important to ensure the agreement is fair and legally enforceable.
An out-of-court settlement can be organised through negotiation, mediation, or collaborative law. The parties work together to reach a mutual agreement on matters like property division and parenting. Once agreed upon, the terms are formalised into legally binding consent orders, avoiding court hearings and the associated costs.
To prepare for a property settlement, gather details of all assets, liabilities, and financial resources, including bank statements, property valuations, and debts. You will also need to disclose superannuation details. Seeking legal advice to understand your rights will ensure that the agreement reached is fair and legally binding.
The difference between a Financial Agreement & Consent Order is that Financial Agreements are private contracts, while Consent Orders are court-approved, legally enforceable agreements ensuring fairness and compliance.
If you can’t agree on all the details, consider mediation or negotiation to resolve the issues. A Family Dispute Resolution (FDR) practitioner can help facilitate discussions. If no agreement is reached, you may need to apply to the court for a determination on unresolved matters.
Both parties have a duty to provide full and frank disclosure of their financial situation, including assets, liabilities, income, and superannuation. Full disclosure ensures the settlement is fair and legally enforceable. Failure to disclose relevant information may result in legal consequences and the settlement being overturned.
Parenting and homemaker contributions refer to the work a partner contributes by raising children, managing household duties, or supporting the family in non-financial ways. These contributions are considered during property settlements, alongside financial contributions, and can significantly affect the outcome of the settlement under the Family Law Act.
Indirect or non-financial contributions include tasks such as caring for children, maintaining the home, or supporting a partner’s career. These contributions are valued during property settlements, alongside direct financial contributions, and are essential in ensuring a fair outcome for both parties.
Once the court approves your consent orders, they become legally binding. Both parties must comply with the terms, whether related to property division, financial support, or parenting arrangements. If either party fails to comply, enforcement action can be taken, which may include further court proceedings.
Yes, there are time limits. For divorcing couples, consent orders should be applied for within 12 months after the divorce is finalised. For de facto relationships, consent orders must be submitted within 2 years of separation. Failure to meet these time frames could limit your options for enforcing the agreement.
If consent orders are not followed, the other party can apply to the court for enforcement. The court may order compliance or take legal action such as fines or property transfers. It’s essential to ensure that both parties adhere to the terms to avoid legal consequences.
Tonkin Law is committed to protecting the privacy of our clients. Our team uphold the highest protection policies to minimise risk. Read more about our policy here.
Contact us today on (03) 9435 9044
8-10 Flintoff Street
Greensborough
VIC 3088
Email: mail@tonkinlaw.com
Fax (03) 9435 2452
PO Box 241, Greensborough VIC 3088DX98803 Greensborough