If you and your ex-partner have reached an agreement with respect to your property and parenting matters, you can retain a lawyer in Brisbane or Gold Coast to draft the documents for you. At Caldwell Family Lawyers, we offer a fixed fee to draft Orders and can usually produce them in under a week.
Once the documents have been drafted we send your approved draft to the other party for their consideration. They may want to seek independent legal advice, however this is not compulsory, unlike a Binding Financial Agreement. If your ex-partner is agreeable to the orders then both parties sign the orders and we will take care of will filing the documents in court for you and serving the superannuation fund if that is applicable.
Typically for matters where parties agree and have been able to reach a point where they have signed Consent Orders, the orders will be reviewed by a Registrar of the Court. This process generally takes three (3) to four (4) weeks depending on how busy the Court Registry is in Brisbane. There is no fixed time as to how long this process is as it is in the hands of the Court.
If the Registrar approves the orders, the Registrar will seal the documents and then they become effective Orders. The sealed Orders get sent back and each party will receive a copy and the Orders can be carried out in the time frames that you have both allocated and agreed to.
The entire process from drafting the Consent Orders to receiving the Orders back from the Court seal, is usually around six weeks in total. But depending on the parties and if there is a superannuation split or not and how quickly the people that are part of the process take to respond, it may take longer than this.
It is an ideal outcome for separating parties to be able to reach an amicable agreement and then have a family lawyer draft their Consent Orders. If you are unable to get to a point that you and your ex-partner can agree, this is when you may need to engage a family lawyer to advise you and also negotiate a fair and equitable outcome for the parties.