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Case Study on Consent Orders - Short Marriage
John and Susan
Kate Austin Family Lawyers is a specialised boutique Family Law firm. Our head office is in the Brisbane CBD and we also have an office in the Sydney CBD. Kate Austin Family Lawyers act in all Family Law matters however we specialise in fixed fee matters for clients all over Australia who have reached an agreement with their former partner and wish to see it documented.
In 2012, John and Susan got married, but in 2016 they separated. The couple had a three-year-old daughter named Erin at the time of their separation. After John moved out, Susan was worried about how she was going to cope financially without a job. There was a friend of hers who had gone to mediation, which resulted in an agreement and consent orders being made, and she was hoping it would work for her too. Despite the fights between her and John, she knew that in order to be able to be good parents to Erin for the next fifteen years, they had to find a way to stop fighting.
It was crucial for Susan to know what her legal rights were, so she sought legal counsel. When she spoke with our team, she made it clear that she wanted to find an amicable outcome, even though at that time, it seemed impossible.
John wanted to have a relationship with his daughter, but he was worried that Susan might interfere with that. It was clear to him that Susan was a good mother, and it wouldn't be good for Erin if she were forced to return to work full time. In exchange for his financial assistance, he hoped Susan would facilitate his relationship with Erin.
In regards to the things both John and Susan were worried about losing, Consent Orders provided them both with certainty. In the consent orders, Susan wanted the payments made by John to be referred to as regular payments for the time leading up to Erin starting school, after which time she planned to return to work. Consent orders gave John the assurance that the time he allowed Erin to be in his care could not be changed later.
Consent Orders give parties certainty about the future. There is no doubt that an agreement can be hard to get to. However, ending up in court is likely to push the possibility of consent orders further away from reach than ever, so it’s worth looking at, even if you think yours is a case where an agreement could never be reached.
Disclaimer
The material contained is property of Kate Austin Family Lawyers. It has been prepared to provide general and basic information only and does not constitute legal advice. Any material obtained on this e-book or from our website should not be relied upon as a substitute for detailed particularised advice from a qualified lawyer.
For more information on your particular circumstances, please feel free to contact us, request a call, or visit our website.
Kate Austin Family Lawyers is a specialised boutique Family Law firm. Our head office is in the Brisbane CBD and we also have an office in the Sydney CBD. Kate Austin Family Lawyers act in all Family Law matters however we specialise in fixed fee matters for clients all over Australia who have reached an agreement with their former partner and wish to see it documented.
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