Consent Order Lawyers Caloundra
Ferrall & Co. Family Lawyers
Get Help from Consent Order Lawyers in Caloundra
Consent orders are one of the most common ways of resolving family law matters. You can apply for property or parenting consent order lawyers in Caloundra to achieve the best results. We generally recommend that our clients opt for consent orders to find arrangements that are mutually agreeable. If you want help with a proposed consent order, please seek legal advice. Our team is happy to help.
Helpful advice from consent order lawyers in caloundra
What is a consent order?
A consent order is a legally binding agreement granted by the Family Court with the consent of both parties. Consent orders can cover a parenting arrangement or a property settlement. However, the Court considers different factors in each case.
Parenting consent orders
Parenting orders will specify the optimal co-parenting arrangement that the Court believes is in the child’s best interests. While it is important that the child have a meaningful contact with both parents, the Court no longer believes that equal shared parental responsibilities is ideal. The order will clarify how major long term decisions relating to the child will be handled. These decisions include matters such as education, religious instruction, and healthcare.
Property consent orders
Our consent order lawyers in Caloundra advise property orders are assessed according to a four-step process outlined in the Family Law Act.
Step one
The Court needs to value the net marital pool. This includes valuing all the relevant assets and subtracting any liabilities. Both parties are required to fully disclose their financial position.
Step two
The Court will put a value on the contributions of the parties. It’s important to note that financial contributions aren’t the only consideration. Non-financial contributions are also important. If you didn’t generate an income during the marriage, services like homemaking and child rearing will be crucial.
Step three
The third step accounts for each party’s future needs. This is an important step for parties who are at a financial disadvantage in the agreement. Future needs are determined using various factors, including:
Age and health of the parties.
Each person’s access to financial resources.
The caring responsibilities of each party.
What constitutes a reasonable standard of living for each party.
Step four
To approve consent orders, the Court must decide if the proposed order is equitable for both parties. If it decides that the agreement will unduly affect one party, adjustments may be made or the application may be rejected.
Why Do You Need A Lawyer for Consent Orders?
While consent orders are the best way for most people to resolve family law matters, there are common pitfalls if you don’t receive legal assistance.
Incomplete documentation
A successful application for consent orders relies on the applicants supplying all necessary documentation. A rejected application can result in delays and added costs.
Poor Communication
When organising a consent order, you need to communicate effectively with the other party. If you don’t, you’ll find it difficult to reach an agreement. Delays can be minimised by having open discussions beforehand.
Unrealistic expectations
Compromise is the key to successful negotiations. Parties can sometimes not adequately consider the needs of their former partner when trying to form a legal agreement.
Ferrall & Co family lawyers
How Can We Help You?
These pitfalls can be easily avoided with effective independent legal advice. Our team can work with you to ensure your proposed orders are accepted the first time. You don’t need to worry about lacking supporting documentation or necessary information. We can walk you through every step for an air-tight application.
Our focus is always on finding ways to come to an agreement. We will facilitate constructive communication between you and your ex-spouse so you can both understand the benefits of the consent order.
Ferrall & Co.
Why Choose Ferrall and Co. Lawyers?
Our Team will always treat your case with empathy and understanding. We will make this difficult time as easy as possible.
With many years’ experience, our team can assist you in any area of family law.
We will always be available any time you need to contact us. Whether you prefer email, a phone call or in-person meeting, we’ll ensure you’re always kept up-to-date with your case.
We have the most competitive pricing in Caloundra. Our fixed fee consent orders and binding financial agreements provide the best value you can find.
