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It is possible for you to make an Application yourself to ask the Court to issue Consent Orders in terms of the agreement you and your former partner have agreed on.
Many say the most difficult part of the process is to draft the wording of the actual Consent Orders.
We have prepared an easy to follow, step by step procedure you can use if you want to apply to the court yourself for Consent Orders to be issued.
After you have both agreed on the terms of the Orders you would like the Court to make, the usual procedure when you apply for Consent Orders is:
If you have agreed on Consent Orders it is very unlikely you will have to go to Court and appear before a Judge or Registrar.
When you apply for Consent Orders, it is very rare that you have to appear in Court. In almost every case, an Application for Consent Orders will be dealt with by the Court administratively without either party having to go to Court at all.
An Application for Consent Orders is usually an administrative process only.
If the Court has any concerns or queries about whether they should grant the Consent Orders they will usually issue a Notice to the parties detailing those concerns or queries and asking both parties to reply.
There are many advantages to documenting your parenting or property settlement (or both) agreement in Consent Orders. Why doing so may be good for you is explained in our fact sheet What are the Benefits of Consent Orders.
It will be important to whether the Court is likely to make the Consent Orders you have agreed upon with your partner. Read more in the fact sheet Will the Court make the Consent Orders we agree on.
The basics you need to know about Consent Orders is outlined in the fact sheet What are Consent Orders.
You can apply for Consent Orders about issues such as Parenting, Property Settlement and Spousal Maintenance, however there are some issues about which the Court will not make Consent Orders. For more, read the fact sheet When can you use Consent Orders.
You should also understand the different options for documenting your property settlement agreement. We discuss this in our fact sheet Do I use Consent Order or a BFA to document Property Settlement.
Michelle Beatty, Senior Lawyer
Other Questions answered in the Consent Orders Section
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