CONSENT ORDERS
Take control of your family law matter and secure your future. Let our experienced lawyers help.
If you are in the process of separating or divorcing, reaching an agreement with your ex-partner can be a challenging process. However, with Consent Orders, you can formalise an agreement in a legally binding way, ensuring a smoother transition for everyone involved.
At Ann Legal, we help clients in Newcastle, Maitland, Central Coast, Lake Macquarie, and the Hunter region navigate the complexities of Consent Orders for both parenting and property matters. Our experienced team can guide you through the negotiation process to reach a fair and reasonable agreement that works for all parties involved.
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We'll help you protect your assets and financial future by providing practical advice and drafting a tailored, legally binding property settlement. We can also assist in creating a parenting arrangement that works for your family's unique needs, ensuring a clear understanding of your parental responsibilities and obligations. We understand that every family situation is unique, which is why we take a personalised approach to each matter we handle.
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Our approachable, professional team is committed to achieving the best possible outcomes for our clients. We are dedicated to providing comprehensive legal support to help you move forward with confidence. Don't let separation overwhelm you - contact us today for a consultation and let us help you achieve a positive outcome with Consent Orders.
FIXED FEE CONSENT ORDERS FROM $1,980
Navigating property and parenting arrangements after a separation can be complex and emotional process, but also costly. That's why our law firm offers fixed fee Consent Orders, providing a simple and affordable way to formalise both your property and parenting agreements. Our experienced legal team will guide you through the process, ensuring that your rights and your children's best interests are protected. With our transparent and upfront pricing, you'll know exactly what to expect from start to finish. If you're looking for peace of mind when it comes to property and parenting arrangements, contact us today to schedule a consultation.
CALL OUR FAMILY LAWYERS TODAY (02) 8005 8025
Don't let the stress and uncertainty of separation or divorce overwhelm you. Let our team at Ann Legal help you achieve a positive outcome with Consent Orders. Our team is approachable, professional and committed to achieving the best possible outcomes for our clients. Our family lawyers serve Newcastle, Maitland, Central Coast, Lake Macquarie, and the Hunter region. Contact us today to schedule a consultation and take the first step towards securing your future.
What are some of the benefits of Consent Orders
When it comes to separation or divorce, reaching an agreement with your ex-partner can be a challenging and emotional process. However, with Consent Orders, you can formalise an agreement in a legally binding way, providing peace of mind for everyone involved.
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Consent Orders are court orders that formalise an agreement reached between parties in a family law matter. This means that the agreement is enforceable and legally binding, providing clarity and certainty for all parties involved. Consent Orders can cover a wide range of family law matters, including property settlements, spousal maintenance, and parenting arrangements.
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One of the main benefits of Consent Orders is that they provide finality and certainty. Once a Consent Order has been made, both parties are bound by its terms, and it can only be changed by making an application to the court. This means that parties can move on with their lives, knowing that their agreement is legally enforceable.
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Another advantage of Consent Orders is that they provide a level of protection for both parties. By formalising an agreement in a legally binding way, parties can be assured that the terms of the agreement will be upheld. This can be particularly important in cases where one party has greater financial resources or bargaining power than the other.
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Consent Orders can also be a cost-effective way of resolving family law disputes. By reaching an agreement outside of court and formalising it through Consent Orders, parties can avoid the expense and uncertainty of going to court.
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Overall, Consent Orders can provide numerous benefits for parties involved in family law matters. They provide finality, certainty, protection and are cost-effective. If you are considering reaching an agreement with your ex-partner, it's important to seek legal advice to ensure that the terms of the agreement are fair and reasonable. Our experienced team of family lawyers at Ann Legal can assist you in negotiating and formalising Consent Orders that work for you. Contact us today to schedule a consultation.
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How will our assets be divided?The division of assets between parties is determined through a four-step process under the Family Law Act 1975. This process involves identifying and valuing assets and liabilities, assessing contributions to the acquisition and maintenance of assets, assessing future needs, and considering whether the proposed division is just and equitable. The court considers all relevant factors, such as the length of the relationship, age and health of the parties, and any other relevant considerations. It's essential to seek legal advice to understand your rights and obligations regarding property settlement.
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Are there prenups in Australia?Yes, prenups, also known as binding financial agreements (BFAs), are recognized and enforceable in Australia. They are designed to set out how assets will be divided in the event of a separation or divorce. Both parties must obtain independent legal advice before signing a BFA, and it must meet certain legal requirements to be enforceable.
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What are financial agreements?Financial agreements refer to legally binding agreements that outline how assets and financial resources will be divided between parties in the event of a separation or divorce. They are commonly known as binding financial agreements (BFAs) and can cover various aspects of financial matters, such as property, superannuation, and spousal maintenance. BFAs must be in writing, signed by both parties, and certified by a lawyer to be legally enforceable.
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When can I enter into a Binding Financial Agreement (BFA)?You can enter into a financial agreement before, during, or after a relationship. Before signing a financial agreement, both parties must receive independent legal advice and the agreement must meet certain legal requirements to be binding and enforceable. It's important to seek legal advice to ensure the agreement is fair and meets your needs.
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Is there a time limit for a property settlement after a divorce is granted?Yes. You only have 12 months from the date your divorce becomes effective to make a property settlement or spousal maintenance claim. This is why it is strongly recommended that separating couples sort out their finances well before a divorce is granted.
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What happens to super in property settlements?Superannuation in Australia is considered as property and can be divided between separating couples as part of their property settlement. This can be done through splitting, which involves transferring a portion of one person's superannuation to the other person's fund, or flagging, which involves setting aside a portion of the superannuation until a certain condition is met. It is important to note that superannuation must be specifically addressed in the settlement, and can be agreed upon by the couple or ordered by the court.
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Do I have to pay child support even if my ex isn't letting me see my child?Yes. Even though a parent may not see their child regularly they may still be assessed for child support.
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Can my ex travel overseas with our child without my consent?If both parents have parental responsibility for the child, then they usually must either both consent to the child travelling overseas or there must be a court order allowing the child to travel. If only one parent has parental responsibility, they may be able to make the decision to travel overseas with the child without the other parent's consent or a court order, but this will depend on the circumstances of the case.
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Will I stop paying child support if I remarry?Remarrying in Australia does not automatically end child support obligations. Child support is based on the child's needs and parents' income. However, if remarrying results in a change of income or circumstances, a parent can apply to the Child Support Agency for a reassessment.
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Do I have to take my child to court?It is not mandatory for a child to attend court in family law proceedings, and it is generally not encouraged unless it is necessary for the court to hear from the child. The court may make other arrangements, such as appointing an independent children's lawyer to represent the child's interests, or they may ask a court child expert to speak to the child and hear the child's views.
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If there's an AVO against me and the children are listed on it, can I still see them?If you have an Apprehended Violence Order (AVO) against you in NSW for the protection of your children, the terms of the order will generally prohibit you from contacting or approaching your children. However, it may be possible to arrange supervised contact with your children in certain circumstances, such as through a court order or with the agreement of the other parent/protected person. It is important to seek legal advice to understand your options and obligations.
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I received a letter from my ex's solicitor asking to see the children more. What should I do?It is not recommended to ignore a solicitor letter. Solicitor letters are typically sent to communicate legal matters and in an attempt to resolve a matter without the need to go to court. If you receive a solicitor letter, it is important to read it carefully and seek legal advice as soon as possible. Ignoring the letter may result in legal action being taken, which can be costly and time-consuming.
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What happens to overseas assets in a property settlement?Overseas assets are considered as property and can be taken into account in a property settlement in Australia. However, dividing these assets can be complex due to foreign laws and regulations. The couple or court must determine the value of the assets and whether they are owned jointly or separately. If the assets are owned jointly, they will be divided according to the agreement or court order. If owned separately, they will be treated as individual property. It's important to consider tax and legal issues in both Australia and the country where the assets are located. Legal advice from foreign and Australian lawyers may be necessary.
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What is a divorce?A divorce is the legal end of the marriage. In Australia you can get divorced by filing an application in the Federal Circuit and Family Court of Australia. You can file an application for divorce by yourself (sole application) or together with the other party to the marriage (joint application). Once the divorce is granted the parties are no longer legally married. Divorce, however, does not deal with matters such as spousal maintenance, property or financial settlement or parenting and custody orders.
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Can I get divorced?To be eligible for divorce in Australia you must be either: born in Australia or have become an Australian citizen by descent (born outside Australia and at least one parent was an Australian citizen and your birth is registered in Australia). an Australian citizen by grant of Australian citizenship (a citizenship certificate will be required). lawfully present in Australia and intend to continue living in Australia. You must have been living in Australia for at least the last 12 months - evidence must be provided e.g. your passport showing the date of arrival at least one year prior and a valid or current visa. To be eligible for divorce in Australia you must also show that: the marriage has broken down and there is no reasonable likelihood that the parties to the marriage will get back together the parties to the marriage have been separated for 12 months and 1 day or longer
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I've been married less than 2 years. Can I still get a divorce?If you've been married less than 2 years you and your spouse will need to first attend counselling with a family counsellor to discuss the possibility of reconciliation. Once you attend counselling you should ask your family counsellor to complete a counselling certificate that they discussed the possibility of reconciliation with you and your spouse. To find a counsellor you can contact the Family Relationship Advice Line (FRAL) on 1800 050 321 or you can visit https://www.familyrelationships.gov.au. If you are unable to attend counselling with your spouse then you will need to provide further evidence to the Court as to why you could not attend counselling and seek the permission of the Court to apply for a divorce without a counselling certificate.
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Do I have to attend Court to get a divorce?If you filed a divorce application by yourself and there are children of the marriage that are under 18 years of age then you must attend Court when your divorce application is heard. If you and your spouse made your divorce application jointly, then you will not need to attend Court, even if there are minor children of the marriage, provided that you provided sufficient information to the Court for it to make a determination of your divorce application. However, if the Court needs further information, they will adjourn your case and direct you to file additional material or to attend the next court hearing.
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I'm still living with my spouse. Can I still get a divorce?If you and your spouse still live together, or have lived together for any part of the 12 months prior to filing your divorce application, you will need to provide the Court with further evidence that you are indeed separated. If you are filing a joint divorce application you and your spouse should both provide that evidence. Regardless of whether you are filing a joint or sole divorce application, you should ask a third person to corroborate your evidence.
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Can my spouse and I just separate without getting a divorce?If you and your spouse choose to separate but do not get divorced, you will remain legally tied to one another. This means that you and your spouse will remain legally married until you get a divorce and will also be financially tied to one another.
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I am in a same-sex marriage. Can I still apply for divorce?In Australia the divorce process for same-sex marriages is the same as for heterosexual marriages.
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What are the grounds for divorce?In Australia there is a no-fault based divorce system which means that you do not have to provide a reason for the breakdown of your marriage. All you need to establish is that your marriage has broken down and there is no reasonable likelihood that you and your spouse will get back together.
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Do your fees include disbursements or other expenses?Our fixed fees do not cover disbursements and other expenses, which are your responsibility. These disbursements may include fees for filing documents, process service, conducting searches, obtaining expert reports, retaining the services of Counsel (barrister), and so on. If we need to incur any disbursements on your behalf, we will inform you well in advance to avoid any surprises.
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What about Counsel (barrister) fees?If your legal matter necessitates the services of Counsel (barrister), our law firm will keep you informed well in advance. We understand that engaging a barrister can add to the cost of legal proceedings and as such, we will not engage any Counsel without obtaining your explicit authorisation. Our aim is to ensure that you remain in control of your legal proceedings and that you are fully informed of any and all costs associated with your case.
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Do you do Legal Aid work?Yes! Ann Legal is part of the NSW Family Law Legal Aid Panel, which enables us to work with clients who qualify for Legal Aid in family law matters. We are committed to providing accessible legal representation to those who may be facing financial difficulties and are eligible for legal assistance. Our team of experienced family lawyers is dedicated to ensuring that our clients receive the support and representation they require, regardless of their financial situation.
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Do you offer payment plans?Absolutely! At our law firm, we understand that legal fees can be a significant financial burden for many of our clients. To alleviate this, we offer flexible payment plans that are tailored to your specific circumstances and agreed upon by all parties involved. Our aim is to ensure that you have access to quality legal representation without undue financial hardship. We are happy to discuss payment plan options with you and find a solution that meets your needs.
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Why are your fees lower than other law firms?At Ann Legal, we firmly believe in providing equal access to quality legal representation for everyone, not just those who can afford it. We do not burden our clients with the cost of an extravagant office with an ocean view. Being one of the first "newlaw" law firms in Newcastle, we proudly operate in a paperless environment, which allows us to keep our overheads low. By prioritizing our clients' needs, we can offer great value for our services.