Process

Boy | Consent Orders

Our Principal, Glenn Thexton, Family Law Specialist will speak to you on your initial enquiry.

If you have an amicable relationship with your former partner, and have agreed or you are in the process of negotiating how to divide your asset pool and/or future arrangements for the care of your children, we can assist you in reviewing your matter and advising you on the best way forward.

That could be through drafting a Binding Financial Agreement or making an application to Court by way of Consent Orders.

If your matter is to proceed by way of a Binding Financial Agreement, we draft the Agreement and send it to you for review. Once you are happy with the information in the Agreement, we provide you with advice on the effects of the Agreement as well as its advantages and disadvantages to your situation. We then provide you with a lawyer certificate. Your former partner will then have to receive independent legal advice on the agreement before s/he signs it, and receives their lawyer certificate. The agreement then becomes binding and final.

Should your matter proceed by way of Application for Consent Orders, we draft the Application as well as the Minute of Proposed Consent Orders reflecting your agreement with your former partner. This is then lodged with the Court for consideration. The matters the Court must consider when deciding an Application for Consent Orders are set out in the Family Law Act, and stipulates that the Court has to be satisfied that:

  • For parenting orders, the arrangements are proper and in the best interests of the child(ren); and/or
  • For property orders, the arrangements are just and equitable and follow the statutory pathway correctly.

If the Court is satisfied that the orders should be made, the Court will issue the consent orders and copies will be returned to you.

When you contact us, you will speak with our Principal Lawyer, Mr Glenn Thexton, and he will be able to provide to you advice on your proposed agreement. To give us context of your situation and to better allows us to advise you more fully, we then send you out an instruction sheet to complete.

Once we receive your further instructions, we will draft your Agreement or Orders – usually within 14-21 days from the point of final instruction. Once the orders are drafted they are sent to your ex-partner for review and signing off.