How to Apply for Consent Orders WA: Guide

If you’re going through a separation or divorce in Western Australia, you may want to formalize your agreement regarding parenting arrangements or property settlement through Consent Orders. A Consent Order is a legally binding agreement approved by the Family Court. These orders can cover a variety of issues, including property, financial matters, and parenting arrangements. In this guide, we’ll walk you through the process of applying for Consent Orders in WA, step by step.

What Are Consent Orders?

Consent Orders are a legal way to formalize an agreement reached between parties in family law matters. They are essentially a written agreement that has been approved by the Family Court, making it legally enforceable. Consent Orders can cover issues like:

• Property and financial division
• Parenting arrangements
• Child support

It’s important to note that Consent Orders Family Law must meet the court’s approval, ensuring they are just, equitable, and in the best interests of any children involved.

Why Apply for Consent Orders?

Applying for Consent Orders in Perth or anywhere in WA can save both parties time and money by avoiding the need to go to court for a full trial. Once the court approves the orders, they become enforceable, providing a sense of security and legal clarity. If you have reached an agreement with your former partner, applying for Consent Orders is a crucial step to protect your interests and ensure the arrangement is upheld.

Step-by-Step Guide to Applying for Consent Orders in WA

Here’s a comprehensive guide to help you through the application process for Consent Orders in WA.

Step 1: Reach an Agreement

Before applying for Consent Orders, both parties need to reach an agreement on the issues in dispute, whether related to property or children. This can be done through negotiation, mediation, or with the assistance of Family Lawyers Perth WA. It’s essential that the agreement is fair and reasonable because the Family Court will review it before giving approval.

Step 2: Draft the Consent Orders

Once you have reached an agreement, the next step is to draft the Consent Orders. You can either draft them yourself or seek assistance from a Perth Family Lawyer who specializes in family law matters. Consent Orders are typically divided into two main categories:

• Parenting Orders: These orders outline the arrangements for children, such as who the child will live with, visitation rights, and other parenting responsibilities.
• Property and Financial Orders: These orders deal with the division of property, assets, superannuation, and any spousal maintenance.

Step 3: Complete the Application for Consent Orders (Form 11)

To apply for Consent Orders, you need to complete Form 11 – Application for Consent Orders, which can be downloaded from the Family Court of Western Australia’s website. This form will include details of the agreement, the parties involved, and the orders you are seeking.

Some key sections of Form 11 include:

• Personal details: Information about both parties, including their full names, addresses, and relationship history.
• Details of the agreement: A clear description of the agreements regarding parenting arrangements or property division.
• Orders sought: The specific orders you are asking the court to approve.

Once you have filled out the form, you will need to sign it and have it witnessed.

Step 4: Gather Supporting Documents

Along with Form 11, you’ll need to submit other supporting documents to strengthen your application. These may include:

• Financial statements for both parties (for property or financial orders)
• A parenting plan (for parenting orders)
• A joint affidavit explaining the reasons for the agreement
• Any other relevant documents that support the application

Your family lawyer in Perth can help ensure that all required documents are prepared and submitted correctly.

Step 5: Submit the Application to the Family Court of WA

Once you have completed Form 11 and gathered all the necessary documents, the next step is to lodge the application with the Family Court of Western Australia. You can submit your application either in person or online through the Commonwealth Courts Portal.

There is a fee associated with filing for Consent Order in Perth, so make sure to check the current filing fee with the Family Court.

Step 6: Review by the Family Court

After you’ve lodged the application, the court will review the Consent Order to ensure they are just, equitable, and in the best interests of any children involved. Unlike a contested matter, you won’t need to attend court, as the judge will review the application on the paperwork alone.

The Family Court will consider several factors when reviewing the orders, including:

• The financial standing and contributions of both parties (in property matters)
• The needs of the children, ensuring their welfare is prioritized (in parenting matters)
• Whether the agreement is fair and reasonable

Step 7: Approval or Rejection of Consent Orders

Once the Family Court has reviewed the application, they will either approve the Orders or request further information or amendments. If approved, the orders will become legally binding and enforceable. Both parties will receive a sealed copy of the Consent, which will serve as the official court document.

If the court does not approve the orders, it may request changes or additional documentation. Your Family Lawyers in Perth can assist in addressing any concerns raised by the court and resubmitting the application if necessary.

Step 8: Enforcing the Consent Orders

Once approved, the Orders become legally binding. This means that both parties are required to comply with the terms of the orders. If one party fails to comply, the other can take legal action to enforce the orders.

For example, if the deal with property and one party fails to transfer assets as agreed, the court can enforce the transfer. Similarly, if parenting arrangements are not followed, the aggrieved party can seek enforcement through the court.

When to Seek Legal Assistance

While it is possible to apply for Consent Orders in WA without a lawyer, it is highly recommended that you seek professional legal advice. Consent Orders are complex legal documents, and a mistake in the drafting process can delay approval or lead to unfavorable outcomes.

A skilled family lawyer in Perth can help:

• Draft Consent Orders that meet legal requirements
• Ensure that the agreement is fair and enforceable
• Guide you through the application process and court procedures

Whether you need help drafting the orders or navigating the application process, Perth family lawyers can provide the support you need.

Conclusion

Applying for Consent Orders in WA is an important step in formalizing an agreement between separating parties. By following this step-by-step guide, you can streamline the process and ensure that your Orders are approved without unnecessary delays. Seeking advice from Family Lawyers Perth WA can help you navigate the process effectively and protect your interests throughout.

If you have reached an agreement with your former partner and are ready to apply for Consent Orders, it’s time to take the next step and submit your application to the Family Court of WA.