DIY Consent Orders
Are you separating and wanting to do your own consent orders?
It is possible to DIY consent orders in divorce / family law matters matters (for property settlements and/or parenting / custody matters) and you can file the documents yourself in the Family Law Courts (which refers to the family law courts being both the Federal Circuit Court and the Family Court of Australia).
The Family Law Courts provide a Consent Orders kit which aims to assist parties to a divorce / property settlement to prepare their documents so that they do not need to engage the services of a lawyer. You can locate this form on their website or alternatively attend one of the registries in person and request the documents.
We have had many clients who would like to prepare their own consent orders but would like us to check it before submitting it to reduce the possibility of the court making requisitions or not approving the orders.
Another option is for clients to prepare the Application and engage us to prepare the orders and ensure the right legal language is used to protect their rights and ensure that what they actually want to occur is in fact being effected by the proposed orders.
There are other things to consider, for example, if you want to do a superannuation split, then you need to ensure that the trustee of the superannuation fund is aware of your proposal and is given the opportunity to oppose the orders is necessary. We can assist you with this process.
With regards to your DIY Consent Orders – it is your decision – you do it all, or you can do as much as you can and get assistance to finish the rest, or you can get someone to review and check what you have done before submitting to the Court.
If you have any questions, do not hesitate to contact Claire Naidu & Co, Lawyers and Mediators. We offer straight-forward advice to our clients and aim to minimise their fees without unnecessary court litigation. If you can reach agreement, we can help ensure that your agreement is effected.
For more information about consent orders, CLICK HERE for Claire Naidu & Co, Lawyers and Mediators contact details.