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Think Seriously About Consent Orders

By 9 April 2013Family Law

In family law disputes, it goes without saying, but you should look to negotiate an out of court settlement before commencing court proceedings. It will save you a World of pain and of course, significant money as well. The Family Court Rules requires lawyers to attempt to negotiate a settlement with the other party and they are obliged to attempt negotiations before court proceedings are undertaken. There are of course some exceptions to the rule.

Do you need a lawyer to help you in this negotiation? Not necessarily, however a lawyer will be useful in formalizing that agreement so that it can be submitted to the Court for approval. This agreement is referred to as consent orders. Simply put, consent orders outline the responsibilities of the parties in an agreement that they have reached by consent. The nature of the agreement can include the future care of children of the relationship, as well as, arrangements with respect to property.

It follows that if the negotiation has been successful, there is an agreement and a lawyer has formalized it(not compulsory, but good sense) it can be submitted to the Family Court to make Court Orders in accordance with it. In other words, the Court Orders will concrete the Consent Orders. In addition to the consent orders, it is necessary to lodge an application with the court which must be prepared and approved by both parties. You can download it here