Divorce is a stressful and emotional time for separating couples and often, prioritising the rights and wellbeing of the children involved can be challenging.
The first step to resolving the issue is for the separating parties to participate in Family Dispute Resolution (FDR) whereby every effort is made to resolve all parenting and/or financial/property arrangements without going to court.
If during FDR both parties can reach an agreement on these matters, they must then formalise the agreement making it binding. This is what is known as Court Orders by consent.
Consent Orders are the written agreements which set out the parenting arrangements agreed upon by the separating parties. They are then filed and approved by a court, and while you do not have to go to court to file Court Orders, they have the same legal effect as if they had been made by a judicial officer after a court hearing.
While it is best practice to start these proceedings as soon as possible, it is important to note that it must be filed within 12 months of a divorce or two years after the end of a de facto relationship.
With so much to consider, it’s important you speak to the team of family law professionals at One Law, who will guide you through the FDR process, and if necessary, file for the court orders on your behalf. Our team will explain your rights and responsibilities and fight to find a solution that works best for you and your family.
