Fixed Fee Consent Orders
What is a Fixed Fee Consent Order?
A consent order is a legally binding agreement signed by two parties that sets out the arrangements for care of your children and division of assets and property after separation.
A fixed fee consent order is a consent order prepared by the team at Barton Family Lawyers for a fixed fee quote.
If the consent order deals with asset division, the consent order must set out the circumstances of the relationship including financial and non-financial contributions of the parties and what the future is looking like for both parties. This information must be included in any application for consent orders for the division of property, so that the Court can make sure the division of property is fair or equitable in the circumstances.
A consent order is reviewed and approved by a Judge or a Registrar. A consent order will not automatically be made by a Court. A consent order can be rejected by the Judge or Registrar if the way the consent order is drafted is legally incorrect, if the Consent order is not in the best interests of the children or if the agreement is not fair and equitable in the circumstances.
It is therefore usually best to get an experienced family & divorce lawyer to draft your fixed fee consent order for you, to make sure it is done right and to ensure it protects you in future.
A consent order is legally binding and has the same effect as a court order, but you don’t have to go to Court.
Why do a fixed fee consent order?
You don’t have to do a fixed fee consent order, but there are several benefits to doing so:
- A consent order can be done without having to go to court;
- To document an agreement reached between you and your former partner and make it legally enforceable;
- To create stability and certainty in relation to the care arrangements for the children;
- To avoid conflicts and minimise the possibility of your former partner seeking to change the informal care arrangements of the children in future if/when circumstances change and the arrangement no longer suits them;
- To minimise any possibility of your former partner seeking to change the care arrangements of the children in future;
- To cut financial ties with your former partner and enable you to move on with your life financially by formally agreeing on the way your assets are divided;
- It protects you in future from a claim by the other party against your post separation acquired assets (your assets acquired post separation are NOT protected without a consent order);
- You can get an exemption from stamp duty if you are transferring a property pursuant to the consent order and save thousands of dollars. It is often more financially beneficial to engage a solicitor to do a consent order than it is to pay stamp duty.
- Only do a consent order if after legal advice you are confident it is in the children’s best interests and in relation to the division of assets, it must be an equitable agreement. The Court will not approve consent orders that are not just and equitable or which are not in the best interests of the children. The court can also reject consent orders which are not drafted in a legally correct way.
What happens if I breach a consent order?
Breaching a consent order is breaching a court order. There can be serious consequences if you breach a consent order. You can be taken back to court and you may be held to have contravened the order, unless you had a reasonable excuse. You may be required to pay the other party’s legal costs, you might have to pay a fine, enter into a bond or you may even have to serve a term of imprisonment.
You should always seek legal advice in circumstances where think you may have breached a consent order or a court order, in order to minimise the potential negative impact on you.
What happens after the consent order is made?
The consent order needs to be complied with.
In relation to consent orders dealing with asset division, after the consent order is made, you will then need to physically arrange compliance with the order by transferring assets, selling the home and splitting your superannuation. It is best to get legal advice about how you go about doing this after the consent order is made.
A consent order in relation to your children is final and it is very difficult to change. A court will only allow you to change a final consent order with respect to the care arrangements of your children, if you apply to the court and can satisfy the court that there has been a significant change in circumstances since the order was made. This is a difficult hurdle to get over. You should get in contact with one of our experienced Family & Divorce Lawyers to see if there has been a significant change in circumstances since your court order was made, that might entitle you to change the order.
A consent order that deals with asset division will finalise your financial relationship with the other party and ensure that the other party cannot make a claim against your post separation acquired assets in the future. This is one of the most important reasons to do a consent order, to protect you in the future from a claim by your former partner against your assets.
Fixed Fee Consent Orders
We offer fixed fees for all services, including consent orders. Our fixed fee consent order package is for you if you have already agreed on the care arrangements of your children and/or the division of your assets. Our consent orders vary in price depending on the nature of the agreement.
We offer a discount to clients to want to legally formalise by way of consent orders their asset division and children’s care arrangements at the same time.
Please contact us to book a reduced rate consultation with one of our experienced family & divorce lawyers and we will provide you with preliminary advice in relation to your case, advise you of the documents you need to gather and provide you with a reasonable fixed fee consent order quote, specific to your individual circumstances.
Courney is the only person I would call if I ever had any legal issues. Her help, knowledge and experience had helped tremendously through the rough times during my children and property court battle. I highly recommend Barton Family Lawyers!
Found Courtney and George not only to be very professional but also very caring and courteous and I would strongly recommend using their services to family and friends if ever needed.
Courtney is a master at her profession.She promised me she would get my power back ,and she delivered.She is a balance of great empathy and fights for you all the way ,the outcome was exactly what i needed.I highly recommend her and her amazing team,to get you the outcome you want.
I had Cortney help me with my family court matter. I couldnt have asked for a better team. From the start the care and understanding from the whole team at Barton was outstanding. I will be forever grateful for the outcome. If you are after a awesome family lawyer look no further. The photo never would have been possible without Courtney and her team. Thank you
Thank you to Courtney and the Barton team for guiding me through a difficult and confusing separation process. Barton Family Lawyers kept me updated, acted immediately on my questions and instructions and most importantly put my best interests forward at all times.
There really is no way to put a price on the stress relief Barton’s exceptional service, understanding and drive for results brings.
Highly recommended if you want the work done right, first time.
Courtney and her team have gone above and beyond for myself and children. I’m so appreciative of them fighting for what was fair for myself and children.
Courtney knows how to deal with narcissistic behaviour and she had given me support and guidance through this traumatic experience.
Courtney is open with you and honest. Every email she sends or receives comes back to you and she will let you know what is important or not. They helped me through the process with detailed billing.
I could not have found anyone better to deal with my difficult separation than Barton family firm.
Everyone in the team I can’t say how grateful I am to everyone who work on my case. Thank you is not big enough. But I am thankful.
So far so good Chris, Rachel and the team at Barton Family Law, have been a exceptionally patient & helpful with my somewhat difficult case. As a veteran things can be quite complicated with regards to family matters. Would highly recommend 🙂
Barton Family Lawyers, or the ‘Dream Team’ as I like to call them. I cannot recommend Courtney, George and the team at Barton Family Law highly enough.
The last couple of years have been the worst experience of my life, but I was backed and supported 100 percent by the whole team at BFL. Nothing was ever an issue, me asking thousands of questions, me emailing stacks of questions, me crying on the phone was never an issue. I had nothing but support and expert advice the whole way through.
I can honestly say I wouldn’t be where I am today without everything Barton Family Lawyers did for me. Courtney, George, Tenayah, Ellie, Alice, thank you from the bottom of my heart for everything. The whole team got me the absolute best results and I will forever be thankful.
To the queen of her team, Courtney, thank you. Thank you for absolutely everything. From day one you have been right at my side and have made me stand up and fight for what is right. You have given me back my power and I can never thank you enough for it all. You have been my voice when I wasn’t able to speak and have fought for me the whole way though.
From the bottom of my heart, thank you. I will scream the praise of you and your team to anyone who will listen.
To whom it may concern,
Ellie Prior and Barton Family Law were great to work with during a difficult time. Separations are tough, but Ellie consistently kept her cool and remained positive. Ms Prior offered timely expert advice/options for each circumstance throughout the proceedings.
Gladly, an agreement was reached that both sides were comfortable with. My family’s future is bright and I appreciate Ellie’s hard work.
Lawyers are expensive… Although, I am preferential to the Barton Family Law billing process. IMO Barton’s billing is superior to the law firm I was previously engaged with. Basically, Barton Family Law quote in stages for their work and don’t hit you with surprise extra charges. Three times money was left over in trust to be used for the next stage in court. My feeling throughout the proceedings was that Barton’s billing was fair.
Separations are stressful, Ellie and the Barton Family Law crew helped to make it as painless as possible.
Thanks Ellie, Courtney and the Barton Crew.
Amazing, amazing people, amazing location, just amazing everything
Thank you Courtney for your excellent service. Amazing professionalism & so efficient also showing compassion & understanding..the BEST in her field & I was so fortunate to have her support & advice…highly recommend.
Courtney and her team have been terrific in assisting me with my matter. Excellent communication, swift action and a very professional service – I highly recommend Barton Family Lawyers.
I can’t thank Courtney enough for her dedication to achieving not only the best outcome for me but also what is fair and right.
My children and I are forever grateful.
The team at Barton Family Lawyers went above and beyond to enable a property settlement which enable me to move forward with my life. I highly recommend Courtney and the team for all your family law needs.
With experience and know how far beyond her years. I cannot thank or recommend anyone any higher than Courtney.
Having worked with many lawyers over the past 10 years she not only did the legal work to its absolute finest but more importantly she got my daughter back in my life at a time when at one stage I had given up hope.
She is such an authentic person & while she won’t sugar coat anything she is someone you want in your corner.
I highly recommend Courtney Barton, of Barton Family lawyers, for matters including domestic violence and property settlement. The legal system is very traumatising for domestic violence victims and Courtney helped me navigate this, with empathy and her extensive knowledge of the legal system. Courtney clearly explained the process and my options. Courtney helped enable me to successfully seek a domestic violence protection order, and a favourable property settlement outcome.
Divorce is never an easy journey for any individual regardless of their background, occupation or gender. Particularly so, as emotions are running high, all logic flies out the door and extreme frustration looms over one’s mind making it impossible to make a rational decisions. In a such volatile journey, having the right legal partner makes all the difference. Barton Family Lawyers have helped me keep my emotions at bay and enabled me focus on the issues at hand with a rational mind and thereby allowing me to reach a good result in my property settlement and my divorce.
I was not just a mere client but a lawyer (who practised a different area of law) myself and therefore questioned, examined thoroughly every advice and process Barton Family Lawyers gave and undertook in the family court. I wanted a lawyer who would strongly advocate for me, communicate my arguments/issues with the court and the other side like I would have if I was to defend myself. Barton Family Lawyers did exactly that. They exceeded my expectations and advocated for me so strongly in court or whilst communicating with the other side, but most of all, took all reasonable endeavours to enable me to reach my desired result. I strongly recommend Barton Family Lawyers to anyone who is looking a lawyer that is worth every dollar, produces outstanding quality work and wishes to feel the same vindication I felt through this journey.
From the moment we met Courtney we knew she meant business and that’s exactly how she performed right from start to finish.
She totally exceeded our expectations and we highly recommend her.
Thanks so much Courtney. A job well done and thanks to you a five year old has been reunited with his family
Courtney and her team are nothing short of amazing. Prior to and on the day of our case, the level of organisation and professionalism that was shown was incredible. We got the result we were after and I would recommend Courtney and her team to anyone. ThankYou again to the Barton Family Law team!
Excellent law practice. Courtney is amazing and the support staff are second to none. Very happy with their conduct of my matter and with the result. Highly recommended
I highly recommend Courtney and her team. I was amazed at their response time and their professionalism. They helped my daughter to navigate through a very difficult settlement, giving expert advice and making her feel at ease. There were tight turn around times and they not only met those timeframes but exceeded our expectations. Thank you Courtney, George and Tenayah, you are all amazing.
I highly recommend Courtney for child matters. She is highly professional, very responsive and efficient. Her knowledge and experience with Family Law helped to achieve the best possible outcome for my daughter. I couldn’t have gotten through this difficult time without her honest approach to working with me as a client.
I highly recommend Barton Family Lawyers, Courtney is an amazing lawyer coupled with high level professionalism, empathic and efficient it is an unbeatable combination. She is able to handle any client’s emotional response with calm and confidence, I would not have been able to cope without her direct honest approach. The bonus is that Barton Family Lawyers are fixed fee and very clear so you know where you are a each stage. No surprises at the end and always available. Thank you so much.
Courtney was amazing from our first meeting. The fixed fees are great as you know what you are in for cost wise. She was super organised and and professional and got me a great outcome in the end. A big thank you to both Courtney and George for all your hard work.
Courtney and her team are nothing short of absolutely astounding. Courtney recently represented my partner through an absolutely awfully vindictive and horrid domestic violence and property matter with very very short notice coming up to a court judgment.
Courtney and her team were extremely thorough, fast to respond and spoke from the heart of exactly how my partner was wanting things to be put across.
I’m not sure where we would be without Barton Law, you guys are incredible!