Consent Orders, unlike a Binding Financial Agreement, are issued and enforced by the Family Court. They are filed with the Family Court and will only be issued in the event that the Court is satisfied that they are just and equitable to both parties. Consent Orders can deal with both property and parenting matters.
Consent Orders are quite often a more “cost effective” method of achieving a settlement as both parties do not need to be legally represented, unlike a Binding Financial Agreement whereby both parties are required to obtain independent advice and have a solicitor sign off on the Agreement.
Consent Orders unlike a Binding Financial Agreement have the backing of the Family Court. This means in the absence of one party upholding their end of the deal so to speak, the Court can intervene and enforce the Orders to get the deal done. If one party to a Binding Financial Agreement doesn’t uphold their end of the deal it would then be up to the other party to commence proceedings in the Family Court which is both costly and timely.
If you or someone you know is going through a family law matter and needs advice give us a call today on 4627 3333 and obtain advice you can rely on.
This article was published on 27/06/24 and the information is valid only to the date of publishing. This article should be considered merely general and non-specific on the subject matter and is not and should not be considered or relied on as legal, advice. Meehans Solicitors is not responsible in the event this information is relied upon by the reader in the absence of specific legal advice.