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Writer's pictureKaela Louise

Mastering Consent Orders: Your Guide to Smooth Separations in South Australia

Consent orders are a vital tool for couples in South Australia looking to amicably resolve their separation agreements. They ensure that both parties uphold their agreements under the law, offering protection long after the divorce is finalised.


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What Are Consent Orders?

In family law, consent orders are court-approved agreements that finalise arrangements on parenting, financial support, and property division. They are legally binding and enforce the terms agreed upon by both parties, ensuring enforceability and preventing future disputes.


The Role of Solicitors in Drafting Consent Orders

Drafting consent orders requires precision and a deep understanding of the law. Solicitors play a crucial role in this process by:

  • Ensuring the agreement is fair and meets legal standards.

  • Advising on the rights and obligations of each party.

  • Drafting the document in a way that minimises future conflicts and misunderstandings.


How to Apply for Consent Orders

To apply for consent orders in the Federal Circuit and Family Court of Australia, follow these steps:

  1. Drafting the Agreement: Collaborate with a solicitor to create a comprehensive agreement covering all aspects of your separation.

  2. Submitting the Application: File your application through the Commonwealth Courts Portal, including all necessary documents and the drafted agreement.

  3. Review by a Registrar: A Registrar will assess your application to ensure it is just and equitable, focusing on the best interests of any children involved.


Benefits of Consent Orders

Consent orders provide a range of benefits, including:

  • Legal certainty and clarity.

  • Protection against future claims.

  • Cost-effectiveness compared to prolonged court disputes.


Why Legal Advice Is Essential

Obtaining legal advice is crucial in the consent order process. A solicitor ensures that your rights are protected, the agreement is equitable, and all legal nuances are addressed. They also help navigate the complexities of family law, providing peace of mind.


If you are you considering consent orders for your separation, contact our office on 08 7084 3060 or via email at lawyers@kdandcolawyers.com today to ensure your agreement is professionally drafted and meets all legal requirements.

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