How to prepare family law consent orders
In this Blog, I discuss how to complete consent orders.
Parties must complete consent orders, to finalise their settlement.
I highly recommend that you take advice from an experienced family lawyer, before submitting consent orders.
Starting at our website located at www.beaconfamilylaw.com.au.
Go to the Links page.
Then, go to the link to the Family Court of Western Australia.
Then, go to Kits-Forms-Brochures.
Then, go to Kits.
Now, click on the Consent Orders Kit.
Here, download the consent orders information kit.
Just click on the link.
Download the Word version.
Save a copy for future reference.
This kit is for consent orders for children, property or maintenance.
There is a Checklist, you can use, to complete a consent orders application.
The kit then provides significant information, about parenting and financial orders.
At the bottom are examples of parenting and property orders.
I strongly recommend that parties take advice from an experienced family lawyer to help draft the consent orders.
Please read the section important information for de facto couples if appropriate.
The steps to complete consent orders are set out on page 14.
Now, close the consent orders information kit.
Then, click on the Form 11 Application for Consent Orders.
Download the Word version.
Save a copy before you commence.
Then, tick the box “Family Court of Western Australia”.
In Part A, insert the parties’ details.
In Part B, put the relationship details.
Part C, deals with other cases and orders.
Tick and complete the relevant boxes in Part C.
In part D, include information about children, if they are under 18 years of age.
This Blog looks mainly at property order consent orders.
If you want parenting orders, complete Part F.
If you want financial orders, complete Part G.
In paragraphs 25 to 54, set out the position before the settlement, based on current legal ownership.
You must complete each of the fields.
You cannot leave any of the fields blank.
If an item is blank, insert the word “nil”.
For example, if you do not own investments, insert the word “nil” next to the dollar sign.
For dollar sums, use whole numbers, rounded to the nearest $10.00.
Then, complete the superannuation details.
Then, insert financial resources, such as trusts.
Then, complete the proposed division of property, which sets out information about the proposed settlement.
Finally, in Part H, set out the effect of the proposed consent orders, which sets out the position after settlement.
The parties’ affidavits are located at the back of the form.
The appropriate boxes must be ticked.
If the parties obtain independent legal advice, their solicitor must sign.
Also, there is an affidavit if any third party orders are sought.
I highly recommend that you take advice from an experienced family lawyer.
If you have any other questions about how to complete consent orders, please telephone one of our friendly staff.