Following separation, it’s important to reach an agreement on parenting and property arrangements – and take measures to ensure their terms are respected, even if circumstances change.
Prepare for the future by finalising your agreement with Family Court Consent Orders in Western Australia. A Consent Order is a legally enforceable document that details parenting and/or property arrangements.
While you are not required to formalise such an agreement, Consent Orders give both parties peace of mind that it is binding. Ultimately, this reduces the risk of future conflict over terms and conditions.
When processing your application, the Family Court will ensure the requested Orders are suitable for your unique situation. Parenting orders must prioritise the children’s best interests, while Property Orders need to be fair and reasonable.
As your family lawyer, we will provide expert support and guidance throughout the Consent Order application process. Make confident decisions knowing that you fully understand your rights and responsibilities.
Parenting Orders in WA
Parenting Consent Orders help you and your ex-partner establish a clear plan for sharing the care of your children after divorce and separation. These orders can outline:
- Living arrangements: Where and with who the child lives with;
- Time arrangements: Time the child spends with the non-resident parent or others who play a significant role in their life, like grandparents; and
- Parental responsibilities: The decision-making authority of one or both parents concerning the child, including day-to-day care, welfare, and areas like religion, education, and sports.
While these orders don’t cover child support or specific expenses, they provide structure and stability for your family’s future. The court will only approve Consent Orders if they truly reflect the child’s best interests, even if both parties agree.
Navigating this process can be complex, but our experienced family lawyers in WA are here to help. Together, we can ensure your Parenting Orders provide a smooth path forward.
Property Consent Orders in WA
Consent Orders provide a clear, fair and secure way to divide all types of property, including:
- Real estate;
- Vehicles;
- Bank accounts;
- Spousal maintenance;
- Superannuation;
- Shares and investments;
- Business assets and liabilities;
- Debts and mortgages; and
- Inheritance.
They also provide financial benefits, with minimal stamp duty on property transfers and the possibility of Capital Gains Tax rollover relief.
Ensure your agreement meets legislative standards and champions your best interests with guidance from an experienced family lawyer in WA. At Affinitas Legal, we will guide you through the entire process, working to secure a settlement that the court considers fair and equitable.
Cut the costs and time of Family Law proceedings. Instead of enduring a lengthy court process, you can save both financially and emotionally by reaching an agreement early. Reducing legal costs also means preserving more of your resources for the future, supporting a smoother transition.
Shape decisions that directly affect your life, rather than leaving them entirely in the hands of the court. Consent Orders give you and the other party a chance to agree on terms that work best for both. By working together, you can have your say and avoid potentially restrictive court-imposed solutions.
Lay a respectful foundation for ongoing interactions, especially when children are involved. By agreeing on terms together, both parties are often in a better place to manage any future issues that may arise. This cooperative approach can also help maintain a positive co-parenting relationship moving forward.
Move forward with certainty. Once approved by the court, Consent Orders in WA are legally binding and final, ensuring your agreement is secure. These Orders are enforced just like any other court Order so that any violation will result in legal consequences.
The application process for Consent Orders in WA generally involves three stages:
The first step is for both parties and/or their legal representatives to engage in discussions surrounding the agreement.
This may involve compromise and strategic considerations on both sides and will always require an in-depth understanding of relevant legislation so that both parties know their entitlements and obligations.
All necessary documentation, including Form 11 and a Minute of Consent Orders, will need to be drafted and signed correctly.
Depending on the nature of your agreement, you may need to prepare additional documents, like an affidavit if you are in a de facto relationship, or approval from your superannuation fund if your Financial Order is to split superannuation.
All required documents must be lodged in the Family Court for review and approval. The Magistrate or Registrar will determine whether Property Orders are fair and equitable, and/or whether Parenting Orders are in the best interests of the child.
Upon approval, the Judicial Officer will make the terms of the Orders legally binding. At this stage, the Consent Orders will be sent to both parties as final Court Orders.
Meet our trusted family lawyers
Consent Orders can have a significant and long-term impact on your financial or family arrangements. That’s why it is so important to receive proper legal advice that ensures you understand your rights and the arrangement terms completely before settling on an agreement.
At Affinitas Legal, our family lawyers offer support with every element of Consent Orders in WA. If you wish to receive tailored advice and guidance regarding your unique circumstances, please contact our dedicated team today for a consultation.
Frequently asked questions
