Top 5 Benefits of Settling Disputes Through Family Law Consent Orders

Disputes are an unfortunate but often inevitable part of family relationships, especially when the complexities of separation or divorce are considered. In Australia, approximately 50,000 divorces are finalised each year, and a significant portion of these involve disputes over property or parenting arrangements. 

Finding a resolution that minimises further conflict is crucial to reducing the emotional and financial toll on those  involved. Many couples facing such situations turn to Consent Orders to effectively settle disputes. According to the Federal Circuit and Family Court of Australia, around 80% of separating couples who reach an agreement choose to formalise matters through  Consent Orders t, therefore avoiding the need to commence litigation. . This process offers a range of significant benefits that make it a preferred choice for many.

In this blog, we'll explore the top five benefits of settling disputes through Consent Orders, explaining what they are, how they work, and why they might be the best way to resolve matriminial conflicts.

What is a Family Law Consent Order?

A Consent Order is a written agreement between separating or divorcing parties that addresses issues such as property division, financial arrangements, or parenting responsibilities. Once the terms of the agreement are agreed upon, the orders are submitted to the Federal Circuit and Family Court of Australia for approval. Once approved, the Consent Orders become legally binding.

By formalising the agreement, both parties are provided with certainty and legal enforceability without having to go through a lengthy and contentious court trial. Below are the key benefits of settling disputes through Family Law Consent Orders.

RELATED: The Ultimate Guide to Filing Family Law Consent Orders in Australia

1. Lower Costs and Reduced Financial Stress

Litigation can be notoriously expensive. Court costs, legal fees, and additional expenses can quickly add up, leaving both parties financially drained. Settling disputes through Consent Orders offer a much more affordable route.

A More Cost-Effective Solution

Instead of paying for the costs of going to trial, including lawyer fees for court appearances, preparing extensive legal documentation, and other associated expenses, using Consent Orders can significantly cut down on costs. As  this approach involves negotiation and mutual agreement rather than a contested court battle, there is less need for ongoing legal representation.

Avoiding Unexpected Costs

Beyond the obvious savings, settling through Consent Orders also helps avoid unexpected costs that can arise during litigation. Court timelines may be extended, expert witnesses may be needed, and additional reports may need to be prepared – all of which add up in a traditional trial setting. By agreeing on Consent Orders, families can avoid these hidden financial burdens.

This more affordable option can help reduce the financial stress that often accompanies matrimonial disputes, allowing both parties to maintain a sense of financial stability during an otherwise tumultuous time.

Looking for family lawyers in North Sydney? From providing sound legal advice to negotiating a favourable outcome on your behalf, Mathew Buckley’s team is there every step of the way

2. Greater Control Over the Outcome

One of the primary concerns people have when facing legal proceedings is the uncertainty of the outcome. Court cases involve a judge making a decision based on the presented evidence, and the final ruling may not align with either party's preferences. Consent Orders, however, give the parties involved control to determine their outcome.

Crafting Your Own Agreement

The process of developing a Consent Order is based on negotiation. This means that the two parties work together, with the guidance of their lawyers, to determine a mutually agreeable solution to their disputes. Rather than leaving crucial family decisions in the hands of the court, parties can directly influence the terms of the agreement. This approach provides a sense of empowerment that is often absent in contested proceedings.

Flexibility to Address Unique Needs

Another advantage of Consent Orders is the flexibility they provide. No two families are the same, and a one-size-fits-all approach imposed by a court might not suit everyone's circumstances. By negotiating the terms directly, parties can create an agreement that specifically addresses their individual needs and priorities. Whether it's unique parenting arrangements, spousal maintenance  terms, or a property division, Consent Orders allow for bespoke solutions tailored to each family's situation.

For many couples, separation brings challenging questions about dividing shared assets and finances. If you're curious about how property settlements are typically handled, check out our guide on What You Need to Know About Property Settlements After Separation 

3. Less Emotional Stress and Faster Resolution

Family law disputes are inherently emotional, and adding a lengthy legal battle to the mix often exacerbates the stress. Consent Orders, however, provide a more amicable way to resolve issues, which can be particularly important when children are involved.

Reducing Conflict for the Sake of Children

Contentious court battles can be emotionally damaging for everyone involved, including children. A courtroom setting can be intimidating, and prolonged disputes often take a toll on the well-being of the children, who may feel caught in the middle. Consent Orders, however provide a platform for resolving disputes without airing grievances in open court, therefore minimising the level of conflict and,, the emotional impact on children.

Timely Resolution

The court system can be slow. Litigated cases often require multiple court appearances over several months (or even years) before a final decision is made. Consent Orders, on the other hand, can often be completed within a much shorter timeframe, sometimes in just a few weeks. Resolving disputes quickly allows everyone to move forward and start the healing process sooner, reducing prolonged emotional distress.

Looking for family lawyers in Parramatta? Mathew Buckley’s experienced team provides clear, reliable advice, helping you formalise agreements that work for you and your family. With an in-depth understanding of family law, we make the consent order process as straightforward as possible.

4. Legal Certainty and Enforceability

While informal agreements can sometimes be effective, they carry a degree of uncertainty – especially when one party fails to comply. Family Law Consent Orders, however are legally binding, meaning that both parties are obligated to follow the terms of the agreement. This enforceability provides a greater sense of security and certainty.

Court-Approved and Binding

Once a Consent Order is approved by the Federal Circuit and Family Court of Australia, it holds the legal weight of a  court order. This means that if one party does not comply with the terms of the Consent Order, the other party can take enforcement action through the court system. This provides peace of mind that the agreed terms will be adhered to.

Avoiding Future Disputes

Consent Orders also help prevent future disputes by clearly outlining the responsibilities and expectations of both parties. When both parties know what is expected of them and the consequences of failing to comply, the chances of future disagreements are minimised. This level of legal certainty can help both parties feel more secure in their arrangements.

Need family lawyers on the Central Coast? Mathew Buckley and his team specialise in helping families navigate challenging disputes with compassion and expertise. With extensive experience in family law, they can guide you through the consent order process for a smoother, less stressful outcome

5. Privacy and Confidentiality

Court proceedings can be particularly uncomfortable, especially when dealing with matters concerning relationships or other matters of a personal nature. . Settling disputes through Family Law Consent Orders, however, offers a far less adversarial way of resolving matters.  

A Private Negotiation Process

Consent Orders are negotiated privately, often in the presence of lawyers or throughmediation. The details of these negotiations are kept confidential , allowing the parties to maintain a higher level of privacy compared to going to court. Resolving matters through Consent Orders is a far less intimidating process than initiating court proceedings. .

Protecting Family Relationships

Legal proceedings in court can lead to a further breakdown in relationships that may need to continue in certain circumstances, such as co-parenting. By keeping the legal process out of court, Consent Orders allow families to maintain their dignity and protect their relationships from further strain.

Is a Family Law Consent Order Right for You?

Consent Orders aren't the best solution for everyone, but they do offer a range of significant benefits for couples who can agree on key terms without a contested trial. By providing greater control, legal certainty, and less emotional stress, Consent Orders can make the resolution of matrimonial disputes smoother and less confrontational. If you and your former partner are willing to negotiate and communicate openly, this approach could save you considerable time, money, and stress.

When Should You Consider a Consent Order?

• > When both parties can communicate effectively: Consent Orders require negotiation and a willingness to compromise.
• > When the relationship is amicable: If both parties are open to discussion, Consent Orders can be an ideal way to settle disputes.
• > When resolving matters promptly is a priority: If you require a prompt resolution to your dispute, Consent Orders provide an effective solution.

Looking for Family Law Firms in Sydney? How Mathew Buckley Can Help

Navigating family law disputes can be challenging, and it's important to have the right support and guidance along the way. Mathew Buckley is experienced in helping clients achieve amicable outcomes through Consent Orders. 

With a deep understanding of the family law system and a focus on providing personalised advice, Mathew Buckley can help you find the best pathway forward for your circumstances. 

Contact us today to schedule a consultation and take the first step towards a prompt and peaceful resolution.