The meaning of minutes of consent orders is often unclear to clients in Family Law. There are a number of terms used in the minutes of order, such as short minutes of order, minutes of order, and minutes of consent, all of which have the same meaning.
To begin with, what is a “minute of order”?
Consent order minutes contain proposed orders for the court to consider.
All parties involved have agreed to consent orders, which are presented to the Family Court. Kate Austin Family Lawyers presents the order minutes without attending court.
What is the purpose of Minutes of Consent Orders?
When we submit your agreement to the Family Court, we submit the Consent Order application and the minutes of the order.
Clients fail to understand the requirements during the minute of order. Briefly
This document describes the agreement between the parties in a legally enforceable way.
Assets and liabilities of both parties are included, regardless of whether they are to be retained, transferred, or sold.
Orders are listed sequentially from 1 to (the final number). In a minute of order, there will be about 50 orders (including subsections). Suppose, for example, the primary house is sold; each keeps their own superannuation, cars, bank accounts, and furniture.
Timeframes must be included when actions are required.
It is necessary to include contingency orders if the actions are not followed so that they can be enforced without further court direction.
Order minutes include notes at the end.
Each page of the minute of order must be signed by all parties.
Applicants for consent orders must follow the steps outlined in Rule10.15 of the Family Law Rules (2004).
Consent orders are required for the finalization of any property, financial, or parenting agreement. By doing so, they make these agreements legally enforceable.
What matters can be included in a Minute Of Consent Order?
In family law, a Minute of Consent order can be used to address the following issues:
- Settlement of property
- Orders for parenting
- In the case of spousal maintenance agreements
The court will consider the proposed agreement outlined in the Minutes of Consent and if it is in proper form and order and all provisions are articulated properly in a way that is legally binding and capable of enforcement, then it will be considered for approval on the basis of “just and equitable”.
After the court approves the agreement, all parties will receive a “sealed copy” of the proposed minute of order. You now have an approved consent order.
Questions and answers
Property arrangements and financial orders can be made using them, including:
- In the event that Joint Assets are sold,
- What will be the distribution of the proceeds?
- To enable the sale, what must each person do?
- In the case of one person failing to complete a task, what happens?
- Transfer documents must be signed
- Withdrawing from a mortgage without signing
- Inability to agree on a price
- Inability to agree on a real estate agent, etc.
- Is the valuation up-to-date?
- Which assets, such as houses, cars, furniture, and expensive jewellery, are to be retained by whom?
- Inheritance of business interests.
- In what way are all outstanding debts resolved?
- Funding sources
- Are you transferring superannuation between yourselves, and has the outgoing superannuation fund received a “procedural fairness notification”?
- Does the minute of the order comply with the outgoing trustee’s funds approval?
If you require any assistance, please contact Kate Austin Family Lawyers at our Sydney Branch
- Does the minute of the order comply with the outgoing trustee’s funds approval?