My partner doesn’t comply with a Consent Order. What happens?
The first step to ensuring that Consent Orders are followed by your former partner is always to speak with them and see if things can be changed or arrangements can be made so that the Consent Orders can be followed. Mediation can also help ensure that what is agreed to is implemented. If all else fails, either party can apply to the court for enforcement of the Consent Orders by submitting an application and supporting affidavit. The code provides a number of remedies to ensure compliance with the Orders.
Is it possible to set aside a Consent Order?
In very few instances will a quote be prepared to reopen a matter and set aside prior Consent Orders. There are very strict criteria that need to be met in a property settlement before I’m able to consider setting aside a Consent Order for Orders made. For parenting cases, the court must first decide that there has been a significant change in circumstances warranting a reopening of the case before it will even consider changing the Orders that have already been made.
Is there a cooling off period. Before signing consent orders?
Consent orders cannot be retracted after they have been made. You cannot change your mind after signing them. As a result, you should carefully consider all of the provisions in any proposed Consent Orders, and obtain independent legal advice if you are uncertain about them. There is a time period between when the documents are filed and when the Orders are made during which you can withdraw your Consent, since the court cannot make Orders if your Consent is withdrawn.
How much does a Consent Order cost?
Many lawyers will provide quotes for fixed fees for the preparation of Consent Orders, but what the fixed fee includes can vary quite a bit and the associated costs can vary greatly. If you have not yet reached an agreement, then the cost is likely to be significantly higher than if you have. If you are require independent legal advice the cost will also increase. Most of the night fence will charge somewhere in the vicinity of 4 1/2 to $7000 depending on what it is you require.
Consent orders have several advantages. What are they?
Obtaining Consent Orders gives both parties peace of mind. A Consent Order will finalize your property settlement, ensuring that neither party can come back for another settlement in the future. parenting Consent Orders will also set in stone in the future arrangements for your children so that neither party can change their mind if they circumstances change in the future. Whilst there are costs associated with obtaining Consent Orders most people find that this is far outweighed by the benefits.