What happens if a consent order is rejected?

What happens if a consent order is rejected?

Judges can reject a consent order if they do not think it is fair. This is because a consent order, unlike other types of Court order, cannot be appealed or set aside unless in exceptional circumstances. Once the judge is satisfied, the consent order is ‘sealed’ and becomes legally binding.

What’s the difference between a consent order and a financial order?

A financial order is the only way to ensure that any financial obligations between you and your ex are cut. Consent orders are for divorcing couples who have assets to divide and who want to make their financial settlement legally binding.

How long does it take for a judge to seal a consent order?

If the court approves the order, it will seal it and send copies to both parties, or their solicitors. If the contents of your consent order are very straightforward, the court usually takes 6-10 weeks to process the application. However, this is dependent on which court you use to file the order with.

How do you challenge a consent order?

Generally speaking, if you challenge the Consent Order because you say the court made a mistake, you should be appealing it. You will need to apply for the court’s permission to appeal after the time limit to appeal has expired. This is called “applying for leave to appeal out of time”.

How long does it take to seal a consent order?

As the court can take approximately 6 months to seal an order, you may want to submit it to the court as soon as your decree nisi is pronounced.

What happens if your consent order is rejected by the family court?

If your Consent Orders are rejected by the Family Court we will provide you a fixed fee to have a revised application completed within 24 Hrs. We guarantee that you Consent Orders rejected by the Family Court will be approved or we will refund your fees.

How is a consent order made in court?

The consent orders are then made in chambers by a judge or a registrar without the need for a court attendance by either party. This allows the matter to be finalised quickly and with minimal costs.

Can a consent order be issued to a former partner?

If you and your former partner are able to reach an agreement about parenting arrangements or how the matrimonial assets are to be divided, you can formalise this agreement by way of family law Consent Orders.

Do you need a lawyer for a family law consent order?

A lawyer will be able to explain your legal rights and entitlements under the Family Law Act 1975 (Cth) and how the law applies to your case. If you require assistance with bringing an Application for family law Consent Orders or with any other legal matter, please contact Go To Court Lawyers.