When two parties agree about parenting or property or financial arrangements and wish to formalize the agreement to turn it into legally binding. You can then apply for the consent orders.
People can opt for consent orders to discharge or vary current family law orders. But before you apply for consent orders, you must get legal advice on it, even when you are applying with the help of a lawyer.
Through this article, you will learn about the consent order family law and how you should apply for one.
How Complete the Application for Consent Orders?
To complete the application for the Consent orders Perth, there are several steps, which you have to follow. These steps are:
Step 1: Write Down the Terms for Settlement
The first thing you and your partner/spouse must do is draft out all the agreed orders you are seeking. These should contain all the details of the orders you want, and each order must carry its own numbered paragraph.
The order which you make should properly explain what you’re requesting the court to do. It’s compulsory that you and your spouse provide the date and signature on all the pages of the order.
These will transform into the orders, which the court will create when approved. You must file them online or print them single-sided.
Step 2: Complete the Application for the Consent Orders
Under this particular step, you have to complete the “Form 11 Application for the Consent Orders“. Here, all the parties have to clearly write or type their respective responses and then sign the application within the space located at the bottom of all the pages.
If one party carries separate legal guidance right before the application is signed, the advisor must also sign up for the application. They have to complete parts M and K, which contains the “Statement of Independent Legal Advice“.
Step 3: File and Sign the Affidavits
When you sign the Minutes of the Consent, you must affirm the affidavits in parts N, J and L. You don’t have to sign both sides on the same day. At the end of the Consent Order’s application, you must affirm the affidavits in Parts L and J.
Put an “X” mark in all the boxes, which applies to your circumstances. You need to make sure that all the affidavits are done before the Family Lawyer Perth without fail.
Step 4: You are Ready to File Your Application
All the consent order applications are filed in Australia’s Family Court. You can visit the Family Court Registry to file it or get it done online. When you’re going to the Registry, you need to have the following things:
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- Two actual copies of dated and signed “Minutes of Consent”.
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- Two actual copies of dated and signed “Application for Consent Order”.
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- All other relevant paperwork depends on special situations.
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- Any copy of a Certificate of Circumstances or Marriage or a De Factor relationship registration, if applicable.
Small note: When filling out the application, you have to provide a fee of AUD165.
Step 5: Consideration Made by the Court
The registrar will consider the Consent Order’s application. If it looks satisfying enough, the registrar will sign on the Settlement Terms. The sealed copies will be given to you. Now, the consent order is completely approved, and it’s a legally enforceable Court Order.
But if the registrar is not satisfied with the application, you will receive the notice along with an explanation about what you should do. You might not have to visit the court for this.
Why Should You Seek Legal Advice For Completing Application For Consent Orders?
Opting for legal advice right before you decide what should you do or before applying to the court is highly advisable. The best family lawyers Perth can assist you by understanding your responsibilities and legal rights.
They will also take the responsibility to explain how exactly the law applies to your particular case. The court cannot offer legal advice to people who have relationship problems in their families. If the court does so, it will compromise their ability to impartially determine a particular case when a person applies to the court to seek orders.
Is There Any Time Restriction to File the Consent Orders for The Financial Order?
You can apply to the Consent Orders any time after your divorce but make sure to apply within 2 years of the breakdown of the de facto relationship or within 12 months of a divorce.
If a person applies to this particular timeframe, he/she has to seek leave of the court to file for the application. This can be done by opting for permission when the first order is sought.
How to Find the Best Family Lawyer to Get Legal Advice?
When you are looking for a good attorney/lawyer to receive effective legal advice, here are the things you should do.
1. Research: You will find many lawyers from reputed law firms to help you or offer legal advice. But you must not choose randomly. Do a bit of research and look at the type of cases they handle and the kind of approach they take. Also, don’t forget to check the reviews section as well. It’s because the existing clients provide them, and you get some valuable information there about the lawyer.
2. The Price: Before you seek legal advice or service, you need to check how much the lawyers are charging. Some will not charge you, but some might charge you a fee for taking their services, even if it’s legal advice. Make sure to check how much they are charging and whether or not it falls under your budget.
Ending Note
Applying for consent orders can be a little challenging for some who are doing it first. Due to such reasons, you must take legal advice from a skilled and experienced lawyer who knows and understands it. You can also follow the information provided in this article to understand the entire process.
