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FAMILY LAW CONSENT ORDER SERVICES
Why is obtaining early & appropriate initial family law advice so crucial?
If your marriage or your de facto relationship is at an end or if you are contemplating separation, it is vital that you understand your family law rights and obligations before, or as-early-as-possible after, separation. Obtaining initial family law advice from an experienced family lawyer will likely be crucial to obtaining the best possible outcome with the minimum amount of stress and cost.
OSPREY Legal will provide you with appropriate and accurate legal advice for your unique family law circumstances, and will seek to assist you to reach a peaceful, fair and equitable resolution of your matter as quickly and as cost-effectively as possible.
The best way to achieve these goals in family law childrens & property settlements is by a Family Court of WA (FCWA) Application for Consent Orders.
What are family law consent orders?
A family law consent order is a formal written agreement between parties in family law property or childrens matters that has been approved of and been made final by orders of the FCWA that settles the matter between the parties permanently.
Where the parties are in agreement about the settlement of property and/or childrens matters, the quickest, cheapest and easiest way to have that agreement formally recognised by the Family Court of WA (FCWA) is via an Application for Consent Orders.
Once the parties have received appropriate legal advice and completed the Application for Consent Orders, it is filed with the FCWA, the Court reviews the application to ensure that the settlement is in accordance with family law principles and is fair and equitable, and after approval the FCWA will make the parties’ proposed consent orders Final Orders of the Court.
The benefits of finalising a property agreement by an Application for Consent Orders are:
– The agreement is agreed to by the parties by mutual consent and cooperation; which
– Could help to ensure a continuing cooperative relationship between the parties (important if there are children of the relationship);
– It is the quickest and easiest way to finalise property and/or childrens matters in the FCWA;
– It is the cheapest way to finalise property and/or childrens matters by FCWA Orders;
– Finalising property matters by FCWA Orders, by consent or otherwise, will significantly reduce taxes such as stamp duty on real property transfers from 10s of thousands of dollars to 10s of dollars; and
– The parties can seek a superannuation splitting order from the FCWA, which will allow the parties to share their superannuation, which is often the largest financial asset/resource in a relationship.
How OSPREY Legal can assist you to complete
family law consents orders?
For Both Parties:
When both parties are in agreement about the final settlement of family law childrens or property matters, one of the parties can instruct OSPREY Legal to advise them on whether the agreement abides by family law principles, is fair and equitable, and whether the FCWA is likely to accept the Application for Consent Orders. If we advise that the settlement abides by family law principles and that the Court is likely to final the agreement fair and equitable, no other independent legal opinion is required by the parties. OSPREY Legal can draft and file the Application for Consent Orders with the Court for both parties, and, because no court hearings are required, the matter can be finalised within weeks.
For One Party:
When both parties are not in agreement about the final settlement of family law childrens or property matters, one of the parties can instruct OSPREY Legal to advise them the matter according to the family law. The other party will also usually seek independent legal advice from another solicitor. If after both parties have received legal advice the parties negotiate a final settlement of the matter through their solicitors, then OSPREY Legal can advise its client on th final agreements, help finalise the Application for Consent Orders documentation, and file and monitor the application as it processed by the FCWA. As no court hearings are required, the matter can be finalised within weeks.
Included in the Fixed-Fee
– GST & reasonable disbursements;
– Initial consultation regarding the matter, including initial advice;
– Review of all documents related to the matter;
– Final advice on matter after review of the documents; and
– Drafting, filing and monitoring your Application for Consent Orders.