There are two main ways to obtain Court Orders; by litigation, or by consent. The latter is by far the least stressful, the least expensive and takes the least time.

If you are able to reach agreement with your (ex) partner about the arrangements for your children, or the division of property (including spousal maintenance), or both, you may formalise that arrangement by way of an application for consent orders.

Ordinarily, the Family Court will attend to this process ‘on the papers’, and usually neither the parties, nor their lawyers, have to attend Court.

If after separation you are unable to reach agreement on property or parenting matters, is may be useful to attend mediation. In general terms, mediation is a successful process that more often than not achieves sensible outcomes.

Whilst you may have ‘struck a deal’ with your ex partner, it is highly recommended that legal advice is sought before that arrangement is agreed.

The parties have a duty of disclosure, and failure to provide disclosure (or hide assets) may open up the opportunity for the other party to ‘revisit’ any orders made at a later date.

Consent orders usually deal with financial issues, and children’s matters.

Of course, the above is merely an overview and not intended to be advice. Family law is not an uncomplicated process.

At West Family Lawyers we offer assistance in this process, and are only a phone call away. Call (08) 9380 9111 if you would like our help.