Understanding Your Rights after a Consent Order is Sealed
When a marriage or de facto relationship reaches the point of legal separation, it’s important to ensure that all financial and parenting arrangements are legally settled. Under the consent orders, a formal agreement is entered into between two parties that is legally binding on both of them to adhere to the agreed terms. What does this mean when a court approves and seals a consent order?
Understanding your rights after a consent order is sealed is essential to prevent future legal problems and make sure all the parties fulfil their obligations. Let’s explore information on consent orders in Australia, their status in law, and what you should know about your rights and responsibilities after they have been sealed by the court.
Contents
What is a consent order?
A consent order is a legally binding agreement approved by the family courts in the state. Such arrangements are Parenting arrangements—that define the sharing of responsibilities of separated or divorced parents for the care of their children.
Financial and Property Settlements—the formal agreement on how assets, liabilities, and spousal maintenance will be divided. Once a consent order is sealed by the court, it becomes as enforceable as an order from Family Court, following a trial, with binding legal standing. Therefore, breach of the same by either party may give rise to proceedings.
Your Rights after a Consent Order is Sealed
A consent order that has been approved by a judge and sealed with the court gains these certain rights and protections along with both parties. Knowing those rights will keep ensuring that you will be able to enforce the agreement if the need arises and protect yourself from unfair changes.
The Right to Legal Protection
A sealed consent order is a legal document binding on both parties; therefore, both parties must comply with its terms. In case any one party is in default, the aggrieved party may institute legal proceedings to enforce the order granted. This is essential in property settlements, where one party may try to procrastinate transferring the assets or payment.
The Right to Enforce the Order
The right to enforcement for the court consent orders is recognized and enforceable. The affected party shall apply for enforcement via the court if the other party does not comply with complying with a court consent order. The court can then impose penalties or force the recalcitrant party to perform their duties.
For example:
- If spousal maintenance is ordered by the consent order, and that party does not pay, the receiving party will apply to the court for enforcement.
- If a parent is in dispute with a custody arrangement, the affected parent may apply for a contravention order.
The Right to Modify the Order (In Certain Circumstances)
While consent orders are meant to provide finality, albeit with certain exceptions where they can be modified. When both parties agree upon a change, they can apply to the court for a modification of the order. However, if one party disagrees with such changes, the party should prove that the person seeking changes must prove that:
- A significant change in circumstances has occurred.
- The current order is no longer practical or fair.
The Right to Protection Against Unfair Claims
Once a consent order is sealed, no further claims may be made on the financial matters covered by the order, which gives some assurance to parties that their property settlement does not have to be opened for discussion again.
For example, if one party wins the lottery or receives an inheritance after the deal is done, the other party cannot make any further claims to the share of those assets if those assets have not been mentioned in the original consent order.
The Right to Privacy
Family law matters are mostly disputed privately, and, therefore, sealed consent orders do not allow public access into finance and parenting agreements. This protects both parties from unnecessary exposure or third-party interference.
Responsibilities After a Consent Order is Sealed
In a sealed consent order, if there are rights, there are also responsibilities. If you are not in conformity with the obligations included, different forms of legal consequences could have been faced.
Compliance with the Terms of the Order
Both parties involved must comply with the conditions in the consent order. This includes:
- Making financial payments on time.
- Passing possession of the property as per agreed terms.
- Following through the custody and visitation arrangements.
Generally, if a party does not meet with the obligations in order, they could face court penalties, fines, or even imprisonment in extreme cases.
Informing the Court About Changes in Circumstances
If a significant turn of events occurs that affects your compliance with order, you are obliged to seek advice from experts and apply for a modification if necessary. Simply ignoring the order can result in legal action against you.
Ensuring Proper Documentation
Keeping records of all financial transactions and parenting arrangements related to the consent order is important. Those papers would become useful in the future in case of disagreements.
For example:
- Keeping bank statements that show the person paid spousal or child maintenance support payments.
- Keeping track of custody exchanges.
Proper documentation helps protect you if the other party claims you did not comply with the order.
What Happens If Someone Breaches a Consent Order?
If one party disobeys the order, the others may apply for a remedy through the courts: Generally, that begins with:
Discussion
Sometimes breaches result from misunderstandings or momentary difficulties. Speak with the other party in order to reach a resolution before taking legal steps.
Seeking Mediation
Mediation can help parties resolve certain kinds of disputes without going to court. A neutral mediator can facilitate discussion and help reach an agreement between the parties.
Applying for a Contravention Order
If no solution can be reached by discussion or mediation, a party may apply to court for a contravention order. The court may:
- Order the noncompliant party to do their duty.
- Impose a fine or any other penalty.
- In extreme cases, sentence to imprisonment for the breaching party.
In determining what penalty may be ordered, the court will consider whether the breach was the result of willfulness or some unavoidable cause
How Advance Family Law Can Help
Navigating your rights after a consent order is sealed can be complicated, especially when disputes arise. Seeking legal advice ensures you know your obligations and can take appropriate steps if the other party fails to comply.
Advance Family Law provides unparalleled advice, support, and guidance in relation to consent orders, their enforcement, and any modifications made to them. Whether you require support in enforcing an order, whether you need assistance applying for a modification, or whether you want to fully appreciate your rights, expert lawyers will assist in protecting your interests.
Final Thoughts
A sealed consent order gives certainty and legal protection in financial and parenting matters after separation or divorce. Knowing your rights after sealing a consent order enables both parties to be accountable for their agreement, and if it has been breached, appropriate measures can prevent further damage.
Being aware of your legal options, fulfilling your obligations, and seeking legal advice whenever necessary will all ensure a smooth transition after separation.
