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Why Do I Need a Consent Order?

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There are several reasons why obtaining Consent Orders is a good idea. Many of our clients, particularly those looking for Consent Orders Melbourne, have an agreement concerning the division of their assets or the future care arrangements for their children. Still, they want to lock it into a formalised document. Not only does this mean that all of your assets and all of your liabilities are covered in your Consent Orders, there are timeframes for when things must happen, so nothing is left to chance, and there is no room for ambiguity.

Suppose you want to transfer a property from joint names to just one party’s name. In that case, you can avoid the stamp duty provisions that otherwise apply upon a real estate transfer, as having family court Consent Orders means you can obtain a stamp duty exemption. This can be a significant saving for parties.

When it comes to children’s matters, locking in arrangements for the care of children in your relationship means that these arrangements cannot be changed down the track if one party’s circumstances change or they just change their mind about things. Sometimes, for example, one party decides they wish to move away, or they might re-partner, and this then upsets the careful balance that was previously in place. Rather than risk one party deciding that they no longer wish to follow a long-standing agreement, which can readily be done if the agreement was never finalised, Consent Orders mean that the parties are bound to continue to follow the Consent Orders concerning their parenting arrangements, regardless of any change to either party’s circumstances, which gives both parties peace of mind.

Spousal Maintenance and Consent Orders

In some instances, parties have an agreement where one party will pay the other for spousal maintenance. Spousal maintenance might be paid by way of a lump sum or by way of regular payments, say weekly or fortnightly.   If the parties agree, then spousal maintenance Orders can be provided for and included in your Consent Orders. The agreement for the payment of spousal maintenance then becomes legally binding. You can have a spousal maintenance Order made by consent whether you were married to the other person or in a de facto relationship with them. You don’t have to have been married. You can put whatever rules around the payment of spousal maintenance that you want to and that suit both parties. For example, you might put a timeframe around the spousal maintenance payments so that they might continue for a period of time or until, for example, a child of the relationship attains a certain age. Many people use spousal maintenance while they are undertaking a course of study that will enable them to re-enter the workforce and earn their income.

In the same way that normal Consent Orders finalising, say, your property settlement is legally binding, Consent Orders that deal with the payment of spousal maintenance are similarly legally binding. This means that one party can enforce the ban against the other if they are not followed or complied with.

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