Consent Order Template – Overview
In family law, a good consent order template should include several key components such as:
- The title of the document and the name of the court: Clearly stating the specific purpose of the document is a good starting point for any good consent order template.
- Parties involved: Identifying all parties involved including the use of full legal names is part of making sure that the Minute of Consent Orders you create is specific to you and your ex. A good template will not omit this part.
- Terms of agreement: Particularising the agreement that you and your ex have reached in your Minute of Consent Orders and using concise language is part of any good consent order template.
- Signatures: To help ensure that the Minute of Consent Orders reached between you and your ex is received with the court’s approval, you and your ex need to sign the Minute of Consent Orders. Any good template will contain a place for signatures to be added.
The use of clear clauses, clear provisions, structure and wording are all important parts of a good consent order template.
When it comes to family law property settlement specific to family law property settlement, some of the essential sections of a consent order will address any jointly held assets.
One of the main objectives of family law property settlement is to create a financial severance between two separated parties. The severance of financial assets involves making sure that any agreement reached that forms part of the Minute of Consent Orders successfully addresses each and every asset and each and every liability held in joint names.
A good consent order template will address jointly held assets. This could involve a transfer to one party or severance by sale. Whichever way a jointly held asset is dealt with, a good template should regulate neither party having a single asset or a single liability in joint names remaining.
Essential Sections of a Consent Order
A consent order is a legal agreement between parties detailing the terms they agree to follow. When looking for a good consent order template, you should keep an eye out for several indicators which include clauses and phrases that will make the agreement formal.
Examples of clauses and phrases to look out for are:
- References to legislation – The court’s power is typically based on specific legislation which should be referenced in any Minute of Consent Orders. A good consent order template will refer to legislation.
- Sections in legislation – A good emplate will make reference to specific legislation however an excellent template will make reference to the relevant section within the specific legislation that is relevant to you.
- Timeframes and/or deadlines – One of the main objectives of family law property settlement is to create a financial severance between you and your ex. The financial severance should not be a lingering matter and a good consent order template will include timeframes and/or deadlines for each party to comply with the agreement that has been reached. In any good consent order template, deadlines and timeframes are a must.
- Specificity – There is no one-size-fits-all when it comes to family law property settlement. People have different asset structures and different needs to address the division of assets following a separation. Look out for specificity when searching for any family law consent order template.
Differences Between Various Consent Order Templates
Consent orders are used in many practice areas such as family law, civil law and regulatory matters. Some common types of consent orders and their differences are:
- Family law consent order template: A consent order template can be used for separation cases. The consent order template can address financial matters, parenting matters, procedural matters and directions. Once approved by the court, these orders are legally binding.
- Other civil consent order template: In other types of civil litigation, parties may reach an agreement to settle a dispute. This type of consent order outlines the terms both parties agree to follow, often involving payment or specific actions to resolve the issue without further litigation.
- Regulatory consent order template: Some orders may be issued by government or regulatory agencies when they find violations of laws or regulations. The order usually requires the offending party to make changes, pay penalties or take corrective actions without admitting to guilt.
What Makes a Good vs Average Consent Order Template?
A good consent order template will:
- be party specific;
- ensure that it deals with the severance of jointly held assets and liabilities;
- have clearly defined terms;
- contain specific timeframes and deadlines to ensure that compliance with the Minute of Consent Orders; and
- leave little room for ambiguity.
An average consent order template will:
- not reference the party to whom the order is directed;
- outline the agreement reached in broad terms;
- be vague;
- not have any deadlines for completion; and
- be open to different interpretations.
When separated couples want finality and peace of mind about the terms of their financial agreement, you should always look out for a good consent order template.
How the Quality of a Template Makes a Difference in Court
Good templates will be thorough and cover all necessary aspects of your agreement in the Minute of Consent Orders. Covering all necessary aspects of the agreement includes specificity, timelines and little room for misinterpretation.
A Consent Order that is based on a good consent order template will mean that you reduce the chances of having to go back to court to argue about compliance and/or enforcement.
Even if a party to an agreement fails to comply with the terms of a well-defined consent order, the thoroughness of the order will make it easier for the court to decide who the non-complying party is to the agreement which may assist the complying party to obtain costs against the non-complying party.
Experience the Legal Aspirations Difference
Not all consent order templates are created equal. Comprehensive well drafted templates save you time and money in the future by reducing the need to return to court over compliance disputes. Ready to take the next step in finalising your property settlement agreement? A consent order template and varieties of them are available for purchase from our Cart.