We often assist parties with re-writing their Consent Orders when their application has been dismissed by the court. The court will not tell the parties why their consent order application was denied. It can be really difficult for non-lawyers to figure out exactly what needs fixing, and how.
A lack of disclosure is one of the most common issues we see with dismissed applications. Under the Family Law Act 1975, each party to a property proceeding must provide full and frank disclosure of their assets and liabilities. Each person needs to provide the full details of all assets they own, whether they own them individually or jointly, including the current value, as well as any liabilities they have, such as loans, credit cards, or other debts. Although consent orders are made by private agreement, they are still court orders, and the court needs to be satisfied that they know both parties’ financial situations.
The Application for Consent Order must disclose every asset or liability, regardless of whether they are related to the relationship or asset division between the parties. As a result, the court is able to ensure that the division is equitable and just, and that the calculated split is correct. Furthermore, it demonstrates to the court that the parties have fully disclosed everything and are agreeing based on that disclosure.
When you come to us for your fixed fee consent order, we ask that not only have you both provided full and frank disclosure to each other in reaching your decision, but that you have all details of assets and liabilities for both parties ready and available for us to draft your documents. Having to amend and correct details of assets and liabilities multiple times rather than having all the information ready from the start can be extraordinarily frustrating for all involved. Additionally, this is one of the most common causes of application delays.
