Benefit of Consent Order: 7 Advantages You Need to Know

Are you tired of legal fees and endless arguments with your ex? Consent orders offer a way to reach a fair agreement without draining your bank account or getting bogged down in court battles. Here are seven reasons why consent orders could be your smart solution.

1) Certainty

Informal agreements or temporary arrangements can be a recipe for ongoing disputes and uncertainty following a separation. A consent order provides invaluable clarity and stability by offering:

• Definitive terms: Ambiguity is replaced with meticulously detailed stipulations regarding asset division, financial support, parenting arrangements, and more. This ensures all parties have a shared understanding of the agreed-upon terms.
• Protection against changes in position: A legally binding consent order minimises the risk of your former partner reneging on agreements. This is especially important for long-term financial arrangements or co-parenting plans.
• Adaptability for the future: While providing certainty, well-drafted consent orders can anticipate potential future changes. Provisions can be included to address issues like recalculating child support in the event of significant income changes for either parent.
• Essential peace of mind: The clarity provided by a consent order alleviates significant stress and anxiety.  This allows you to focus on moving forward without the constant worry of potential disagreements or the need to revisit contested issues.

Example: A vaguely worded verbal agreement about shared expenses for children can easily lead to misunderstandings about eligible expenses and contribution amounts. A consent order eliminates this ambiguity by explicitly outlining precise financial responsibilities, reducing the likelihood of future conflict.

2) Fairness for both sides

Judges review consent orders before approval to ensure they are generally equitable.  This helps protect both your interests and avoids one-sided arrangements. The court’s oversight provides an additional layer of security, ensuring that the terms of the agreement are reasonable and just.

3) Flexibility to tailor to your needs

Consent orders aren’t one-size-fits-all. They can be customised to address the specific circumstances of your situation, including:

• Division of assets and property
• Spousal maintenance and financial support
• Parenting arrangements and child custody
• Child support payments
• Provisions for future changes in circumstances

This flexibility allows you to create a comprehensive agreement that truly reflects your unique needs and priorities.

4) Cost-effective compared to court

Going to court over a separation involves considerable expenses and can drag on for months or even years.  A consent order offers a far more cost-effective solution by minimising or avoiding many of these expenses:

• Legal fees for court appearances and preparation
• Court filing fees and associated costs
• Expenses related to ongoing financial disputes
• The emotional toll of prolonged litigation

By opting for a consent order, you can save significant financial resources and redirect them towards building your new life post-separation.

5) Faster resolution

Negotiating a consent order is often much quicker than contested court proceedings, allowing you to move forward with your life sooner. Here’s why:

• Court dockets are often overloaded, leading to substantial delays in scheduling hearings and getting a final verdict.
• Drafting and negotiating a consent order takes place on your own timeline, without being subject to the court’s availability.
• Consent orders streamline the process, as you essentially present the court with a pre-agreed plan for approval.

Example: A court dispute in which both parties fight over who keeps a particular asset can involve valuations, witness statements, and potentially multiple court appearances. In a consent order scenario, the decision might be reached through direct negotiation or alternative dispute resolution options like mediation, saving significant time and resources.

6) Control over the outcome

Unlike in court, where a judge makes decisions for you, a consent order gives you and your former partner input into shaping the terms of your separation. This level of control allows you to prioritize what matters most to you and find compromises that work for both parties. By having a say in the outcome, you’re more likely to be satisfied with the agreement and committed to upholding its terms.

7) Protects children

For parents, a consent order establishes a clear parenting plan that provides stability and routine for children. By minimising conflict and uncertainty, a well-crafted consent order prioritises the well-being of the children involved. It can address important aspects such as:

• Living arrangements and parenting schedules
• Decision-making responsibilities for education, health, and other key areas
• Financial support and sharing of expenses related to the children
• Provisions for adapting the arrangement as the children grow and their needs change

Tired of the legal jargon and confusing paperwork? 

At Justice Family Lawyers, we understand that navigating the legal system can be overwhelming, especially during a challenging time like separation. That’s why we’re committed to providing clear, straightforward guidance and support throughout the consent order process.

Our experienced family law specialists will take the time to understand your unique situation, explain your options in plain English, and help you draft a consent order that protects your interests and meets your needs. We’ll be by your side every step of the way, ensuring that you feel confident and informed as you move forward.