Filing Consent Orders in Australia involves several steps. Here’s a general process:
- Agreement: Both parties must agree on the terms of the order. This could be related to property, financial settlement, spousal maintenance, or parenting arrangements.
- Drafting the Orders: Once the agreement is reached, the orders need to be drafted. This should be done by a family lawyer to ensure that the orders are legally sound and accurately reflect the agreement.
- Application for Consent Orders: The next step is to complete the Application for Consent Orders form and have the Consent Orders drafted. The Application for Consent Orders form can be found on the Federal Circuit and Family Court of Australia’s website. The application should include details of the orders you are seeking and information about your family and financial situation.
- Affidavit: An affidavit may also be required, depending on the nature of the orders. This is a written statement confirming that the facts contained in it are true to the best of your knowledge.
- Filing the Application: The application, along with the drafted orders and any necessary affidavits, should be filed with the Federal Circuit and Family Court. There is a filing fee, but in some cases, you may be eligible for a fee reduction or exemption.
- Review by the Court: The court will review the application and the orders. If the court is satisfied that the orders are just and equitable (for financial orders) or in the best interests of the child (for parenting orders), the court will make the orders.
- Issuing of Orders: If the court approves the application, the Consent Orders are legally binding and enforceable.
Remember, it’s always recommended to seek legal advice when dealing with legal matters. This process can vary depending on the specifics of your situation and the complexity of the orders. The Family Law Act 1975 is the relevant law in this context.
You should ensure you receive top family law advice from the best family lawyer in Sydney.
If you need advice from a family lawyer in Sydney, please don’t hesitate to contact us for a free consultation for 15 minutes on 02 8379 1892 or info@barkerevans.com.au.
