Consent Order Melbourne
Finalising Consent Orders can have a significant impact on your future. Our Melbourne team provides guidance throughout the process, striving to reach a best interests agreement without court intervention whenever possible.
Practical Advice
Cost Effective Solutions
Best Interests Agreements
We simplify the process of creating Consent Orders
Drafting parenting orders and property settlements into final consent orders can feel overwhelming without the right advice, especially when you are already dealing with divorce or separation. Testart Family Lawyers will work with you to ensure your legal rights are protected and that you can make informed decisions about your future before committing to a legally binding agreement.
Free Appointment
Creating Consent Orders That Secure Your Future
After a separation, uncertainty and emotional strain often accompany the need to establish clear parenting and financial arrangements. This can leave individuals feeling overwhelmed and anxious about their family’s future and financial security. Resolution may be made informally through a parenting plan or a decision to split assets a certain way.
Consent orders are legally binding documents detailing financial and parenting arrangements, often giving both parties peace of mind and clear expectations regarding post-separation agreements. At Testart Family Lawyers, we’ll work with you to achieve the best possible outcome, avoiding court whenever possible.
Melbourne Consent Order Specialists
After a significant relationship ends, there is a lot to think about. Deciding on parental responsibility and care arrangements and how to manage splitting financial assets with your ex-partner may require negotiations or compromises to reach an agreement.
When both parties agree, this is generally set out in writing. Parenting arrangements can be solidified by an informal parenting plan or using parenting consent orders. Financial decisions can be formalised by a financial agreement (binding financial agreement) or property consent orders. Consent orders are issued by the Federal Circuit and Family Court of Australia. They can only be issued if both parents agree with the draft consent orders – or if the matter is decided in the courtroom if both parties are unable to agree.
Areas of Practice
Our Melbourne team have extensive experience in helping our clients create Consent Orders for both property and parenting matters after a marriage or de facto relationship ends.
We’ll work with you to finalise children’s care arrangements and property matters with your ex-partner and formalise your agreements in a legally binding manner. Contact Testart Family Law today for an initial free appointment and let our team walk you through the process.
Family Law
De Facto Couples
Children & Custody
Binding Financial Agreements
Property Settlement
Family Violence
Intervention Orders
Same Sex Divorce
We’ll Help You Organise Parenting And Property Orders With Minimal Stress
We know the emotional and legal decisions you face during this time aren’t always easy. Our team will support you each step of the way, ensuring you understand what is happening at all times. Whether it’s simply a matter of making an application for Consent Orders or you need legal representation to reach an agreement, Testart Family Lawyers can help.
We understand the intricacies and will handle your case with the care and compassion it deserves. You can trust us to guide you through this process with expertise, transparency, and empathy, ensuring you’re equipped to make informed decisions that secure the best possible outcome for you and your family.
How To Work With Testart Family Lawyers
Step 1: Book Your Free Appointment
Discuss your situation with our knowledgeable legal team in a confidential consultation; no fees are attached.
Step 2: Get a Plan of Action
Craft a personalised legal strategy tailored to your unique circumstances and goals.
Step 3: Engage Us As Your Guide
Achieve peace of mind with legally binding consent orders that provide clarity and stability for your family’s future.
Book Your Free Appointment
Ready to Secure Your Family’s Future? Work with Testart Family Lawyers and have the peace of mind of knowing that your matter is being handled with the utmost care and precision.
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Address
Malvern VIC 3144
Open Hours - By Appointment
Mon - Fri: 9am - 5pm
Closed Sat - Sun
What our clients have to say
claire simm3 November 2023I can highly recommend this firm, in particular Abbey who I met with. She was extremely knowledgeable & experienced & very helpful to talk to. She gave me so much of her time (as the initial consultation is free of charge) & was able to answer all my questions. She displayed great kindness & sensitivity & has a lovely warm nature but also made me feel confident in what she was saying. Thank you so much Abbey, I’m so grateful for your help 🙏😊
Travis McNamara4 September 2023Marc & Julia were kind, considerate and compassionate in discussing my legal needs, and helping me to navigate what has been a stressful time. I wouldn’t have any hesitation in recommending the firm to friends, family or anyone that is seeking support from an organisation that truly operates with heart. That is a rare quality, and I certainly appreciated it.
Daniela Resel17 April 2023Testart is exactly the legal team for you if you are a person who values high end Family Lawyers who will uniquely design your legal case for the best outcome. Testart will not absorb your finances and in fact the finance team will keep you on target . The most outstanding service you will ever come across. The team is knowledgeable and will never make a commitment they will not deliver. I appreciated and noted despite how crippling my situation was, Testart supported me beyond just representing me as client. If you are a woman, and lost in the process of seeking family law advice, please give them a call. They will listen with compassion and provide several solutions for your situation. I honestly was surprised how important my case was viewed and I never felt alone nor unprotected. Testart removed the unnecessary stress for my safety and security as they are well equipped in all elements of Family Law and placed high importance for the protection /safety/ wellbeing of my children and immediate family members.
Appu Ryan31 January 2023Thank you Marc, Abbey Stephanie for being there solving my concerns. Abbey I do not have words for the immense support you gave me from the start to the Finish all the way through. A highly professional team with Integrity. Once again I Thank all of you and Wish you all the very best with all the blessings for an excellent leading career. Remember In Prayers.
Tanya Veto25 July 2022After two long years of frustration with another lawyer, I finally made my way to Marc, Abbey and Steph. They were able to get things moving and within three months my case was settled. I cannot thank them enough for their care and kindness along with their expert knowledge. I highly recommend Testart Family Lawyers.
pinkle patel6 April 2022Marc was great in assisting with the family dispute matters. He is an exceptional lawyer with a great calibre. He was very attentive and supportive during the difficult time of my complex matter. I deeply thank Testart Family for helping to reach a solution after a long battle of years. Highly recommend Marc for his compassion and professionalism towards the family law dispute.
Sarah Blee13 February 2022I recently engaged Testart Family Lawyers to assist with the preparation of a Binding Financial Agreement and could not have been happier with the advice and service I received. Marc is approachable, compassionate, knowledgable and an expert in his field. I highly recommend Testart Family Lawyers to anyone needing a family lawyer.
kangaroo logs1 February 2022Marc Tesart is very cooperative and understanding. Client satisfaction is their priority.
Christine D20 September 2021It has been a great pleasure to choose Testart Family Lawyers to represent me for my legal matter. Marc and his team have been very professional, knowledgeable and efficient throughout my legal proceeding. I cannot express how thankful i am to Marc and his team in helping with my matter. I highly recommend Testart Family Lawyers.
Frequently Asked Questions
Do I have to get Consent Orders after divorce or separation?
While consent orders are not mandatory after divorce or separation, they provide a legally binding agreement that outlines the division of assets, property, and financial resources between parties. It’s highly advisable to obtain consent orders to formalise the agreement reached, providing certainty and protection for both parties.
Seeking legal advice from a family lawyer experienced in consent order applications is crucial to ensure your rights and interests are fully protected. Consent orders offer a cost-effective and efficient way to finalise financial and parenting arrangements without lengthy court proceedings.
Is a parenting plan the same as a Consent order?
No, a parenting plan and a consent order are not the same. While both documents outline parenting arrangements after separation, a parenting plan is not legally binding. It’s a written agreement between parents that sets out arrangements for the care and upbringing of children, including living arrangements, visitation schedules, and decision-making responsibilities.
In contrast, a consent order is a legally enforceable agreement approved by the Family Court or Federal Circuit Court. It provides certainty and protection for both parents by legally formalising parenting arrangements, ensuring compliance and accountability.
What’s the difference between a Binding Financial Agreement and Consent Orders?
A Binding Financial Agreement (BFA) and consent orders are both legal documents used to formalise financial arrangements after divorce or separation. However, there are significant differences between the two. A BFA is a private agreement entered into by parties without court involvement.
It outlines financial matters such as property division, spousal maintenance, and superannuation entitlements. On the other hand, consent orders are approved by the Family Court or Federal Circuit Court and are legally binding. They provide a more secure and enforceable option for finalising financial arrangements, offering greater certainty and protection for both parties.
What is the purpose of Consent Orders for property settlement?
The purpose of consent orders for property settlement is to provide a legally binding agreement that outlines how assets, liabilities, and financial resources will be divided between parties after divorce or separation. By obtaining consent orders, parties can formalise their financial agreement and ensure compliance and accountability.
Consent orders offer certainty and protection for both parties by legally documenting property division arrangements, reducing the risk of future disputes or misunderstandings. Seeking legal advice from a family lawyer experienced in consent order applications is crucial to ensure your rights and interests are fully protected.
What is an interim Consent Order?
An interim consent order is a temporary agreement reached between parties during divorce or separation proceedings. It provides interim arrangements for parenting or financial matters until a final resolution. Interim consent orders are typically used when parties require urgent or immediate relief, such as temporary living arrangements for children or interim financial support.
While interim consent orders are not final, they are legally binding and enforceable until replaced by final consent orders or a court judgment. Seeking legal advice from a family lawyer experienced in interim consent orders is essential to ensure that your rights and interests are protected during this temporary period.
How are Consent Orders drafted?
Consent orders are drafted by parties or their legal representatives and must comply with the requirements set out in the Family Law Act and relevant court rules. Drafting consent orders involves preparing a document outlining the agreed-upon terms for property division, parenting arrangements, or financial support.
This document, known as the proposed consent orders, must be filed with the Family Court or Federal Circuit Court for approval. It’s essential to seek legal advice from a family lawyer experienced in consent order applications to ensure that the proposed orders accurately reflect the agreement reached and comply with all legal requirements.
Can Consent Orders be changed in Victoria?
Yes, consent orders can be changed in Victoria under certain circumstances. If parties wish to vary or revoke consent orders after they have been made, they must file an application with the Family Court or Federal Circuit Court seeking consent order amendments. The court will consider whether there has been a significant change in circumstances warranting the variation or revocation of the existing orders.
It’s essential to seek legal advice from a family lawyer experienced in consent order variations to understand the process and requirements involved. Consent order variations offer parties flexibility and the opportunity to address changing needs or circumstances following divorce or separation.
What is the process for formalising property matters or parenting matters with draft orders?
Deciding on day-to-day care of your children or how to manage financial matters after separation can be a significant source of stress and uncertainty when a relationship ends. Consent orders provide a legally binding agreement that outlines how parenting, assets, liabilities, and other financial resources will be divided between parties after a divorce or separation.
The process of obtaining financial consent orders usually works like this:
- Initial Consultation: The process typically begins with an initial consultation with a family lawyer. During this meeting, you’ll discuss your financial circumstances, including assets, debts, income, and expenses. The lawyer will advise on your rights and entitlements under family law and outline your options. Some couples will do this with one lawyer, while many will seek legal advice.
- Negotiation and Mediation: In many cases, parties can agree about where a child lives or how to close off financial matters through negotiation or mediation. This involves discussions facilitated by legal professionals to find a mutually acceptable resolution. Negotiation and mediation offer a more amicable and cost-effective alternative to resolving disputes than court proceedings.
- Drafting Consent Orders: Once an agreement is reached, the next step is to draft the consent orders. These documents outline all matters relating to the care of children and financial settlement terms, including the division of assets, property, superannuation, and any ongoing financial obligations such as spousal maintenance or child support. It’s essential to ensure that the consent orders accurately reflect the agreement reached by both parties.
- Independent Legal Advice: Before finalising the consent orders, each party must seek independent legal advice from a separate lawyer. This ensures that both parties fully understand the terms and implications of the agreement and that their rights are protected. The lawyers will review the consent orders and advise on whether they are fair and reasonable.
- Filing with the Court: Once both parties have obtained independent legal advice and are satisfied with the terms of the consent orders, the documents are lodged with the Family Court or Federal Circuit Court for approval. The court will review the consent orders to ensure they are just, equitable, and in the children’s best interests.
- Court Approval: If the court is satisfied with the consent orders, they will be stamped and sealed, making them legally binding. This means both parties are legally obligated to comply with the terms outlined in the consent orders. Once the court approves, the financial settlement is finalised, providing certainty and closure for both parties.
Obtaining consent orders can be a complex process. With the guidance of our highly experienced Melbourne family lawyers, you can confidently complete your consent orders, knowing that your future is in capable hands.
