About Consent Orders Vs BFA
Our team can help decide the right route for you.
We have the experience to help gain the best possible outcome for you quickly & at low cost.
- Our process
- How they work
- Differences
FreePhone case assessment
Lets talk about your situation confidentially. We will need to understand your financial situation and gain information about any children, if you have already come to an informal agreement we will need to discuss this with you.
Book appointment with our family lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like them to act on your behalf.
Don't risk making big mistakes.
Engaging a professional, understanding family lawyer with us means you will avoid common mistakes and gain the best possible result.
Lawyers with sustantial family law experience
Meet with good, local family lawyers that have been through the process many times with clients before.
- Past Cases
- Good Results
- Happy Clients
Considerations
When finalising a property settlement agreement you need to choose between consent orders and a financial agreement. Points to consider when choosing include:
- The time at which the agreement is reached;
- The requirement for independent financial advice with a financial agreement
- That a financial agreement can incorporate a superannuation agreement
- Recording of the agreement; and
- The requirements for full and frank financial disclosure.
What do they cover?
Both Consent Orders and a BFA can deal with one or more of the following matters:
- 1. Property settlement;
- 2. Spousal maintenance and maintenance for de facto parties;
- 3. Splitting superannuation.
They generally cannot deal with child support.
Do i need legal advice?
Consent Orders
You do not have to obtain legal advice in order for a Consent Order to be filed or made by the Family Court of Australia. It however is strongly recommended that you obtain legal advice.
The Courts will only make a Consent Order if it is just and equitable. The absence of legal advice is sometimes a reason why the Court does not grant Consent Orders.
BFA
Each party to the Binding Financial Agreement must obtain legal advice for the Agreement to be binding. Both parties to the Agreement must obtain advice in relation to the advantages and disadvantages of entering into the Agreement based on their particular circumstances, as well as the effect the Agreement has on their rights. This is because the Financial Agreement is not filed in the Courts and there is no judicial officer to determine whether the terms of the Agreement is fair, just, and equitable.
Enforcement
Consent Orders
In the event that a party does not sign a required document, an Order can be sought for the Family Court to sign documents on behalf of the non-complying party. When a party does not comply with the Orders, you can also make a Contravention Application and seek enforcement orders and to penalise the non-complying party.
BFA
Before a BFA can be enforced, a party needs to make an Application to the Court. Therefore, if property settlement terms are onerous and enforcement is likely, it is generally not advisable to enter into a BFA. This is because enforcement process will be expensive due to the Court process.
Setting the orders aside
Consent Orders
Consent Orders can be set aside where a court is satisfied there is a valid reason to set the Orders aside. These reasons include impracticality, hardship for a child of the relationship or default in carrying out the Orders.
BFA
A BFA can be set aside if the Court finds there is a reason. This can include:
- when the Agreement is obtained by fraud;
- where there hasn’t been strict compliance with the legislation in drafting and signing the Agreement;
- where a party to the Agreement engaged in conduct that was unconscionable; or
- circumstances have arisen since the Agreement which make it impracticable for it to be carried out.
Don't risk making big mistakes.
Engaging a professional, understanding family lawyer with us means you will avoid common mistakes and gain the best possible result.
Lawyers with sustantial family law experience
Meet with good, local family lawyers that have been through the process many times with clients before.
- Past Cases
- Good Results
- Happy Clients
Advantages
Consent Orders
- Consent Orders are usually quicker, easier and cheaper to enforce.
- The Court must be satisfied that the Orders sought are just and equitable.
- Parties must sign a “Statement of Truth” at the back of the form indicating that all assets and financial resources have been disclosed in the body of the document.
- In the event an Order compels a party to sign a document, which is not signed by that party, a Registrar can sign documents on behalf of the non-complying party.
BFA
- The proposed agreement does not have to be just or equitable.
- Both parties to the Agreement are required to obtain independent legal advice prior to entering into the Agreement. This ensures both parties are aware of the advantages and disadvantages of entering into the Agreement based on their particular circumstances.
- The only way a party can contract out of future liability for spousal maintenance is to enter into a BFA.
- Confidentiality clauses can be written into the Agreement.
Disadvantages
Consent Orders
- An Order relating to spousal maintenance can be varied which may be a disadvantage if you wish to extinguish your partner’s ability to seek spousal maintenance. However, should you wish to seek spousal maintenance, a Consent Order is advantageous.
- There may be delays associated with the Court to seal the Orders.
BFA
- If the BFA deals with spousal maintenance, you may be precluded from bringing an Application for spousal maintenance against your former partner in the future.
- By entering into a BFA, parties give up the rights they would otherwise have to have their spousal maintenance and property settlement entitlements determined by a Court.
- BFA’s are usually more expensive to prepare and advise on having regard to the strict legislative requirements.
- Before a BFA can be enforced, a party needs to make an Application to the Court to validate the agreement.
- If there is ever a dispute in relation to the validity of the BFA, you may be subject to lengthy and costly litigation;
- A BFA can be set aside based on a technical deficiency.
Don't risk making big mistakes.
Engaging a professional, understanding family lawyer with us means you will avoid common mistakes and gain the best possible result.
Lawyers with sustantial family law experience
Meet with good, local family lawyers that have been through the process many times with clients before.
- Past Cases
- Good Results
- Happy Clients
The courts and prosecution take common assault charges seriously, if you are convicted of a common assault it can have a big effect on your life and mental wellbeing. It's important to remember that with a good legal team even if you are found guilty they can help to reduce any possible penalties that might be enforced. It's also possible in certain circumstances to make an application to stop a conviction showing up on a criminal record check for employment purposes.
What’s taken into account if you’re found guilty
- The circumstances of the assault
- Your criminal history
- If you are a person of good character
- Your personal life and mental health
- If you show remorse
Prison sentence
There is a possibility of imprisonment if you are convicted of a common assault. The maximum penalty is 18 months although this can be as much as 3 years should there be circumstances of aggravation.
A prison sentence is the most severe punishment that can be handed down when you are convicted of a crime. In some circumstances, it can also be accompanied by a hefty fine.
If you are sentenced to prison in court, you will be taken immediately to a holding cell where you will be processed and wait to be transported to the appropriate prison facility.
Suspended sentence
You may recieve a suspended sentence when found guilty of common assault in court.
A suspended sentence is a prison sentence that is not put into immediate effect which means that you are not required to go to prison and you are released to live in the community.
However suspended sentences comes with conditions. If you commit a crime while on a suspended sentence, you will be sent to prison to serve the sentence. Suspended sentences are also often accompanied by another penalty, such as a fine or community based order.
It is possible to have a partially suspended prison sentence. This means that you do go to prison immediately upon sentencing however, you will be released after a designated period of time to serve the remainder of your sentence in the community.
A suspended sentence is recorded on your criminal record and can have serious consequences if you are seeking a job or trying to enter other countries. Often prison sentences are a bar to many jobs and eligibility for Visa’s
Community service
Lorem ipsum dolor sit amet, consectetur adipisicing elit. Delectus minima atque mollitia. Modi tempora cum fuga? Fugiat harum nemo expedita assumenda necessitatibus, similique qui repudiandae quibusdam quidem, dignissimos cumque soluta.
Fine
The maximum fine for a common assault in Western Australia is $18,000 although this could be as much as $36,000 where there are circumstances of aggravation.
A fine may be handed down by the court as your whole punishment or in conjunction with another penalty.
Upon receiving a fine it must be paid immediately or you can apply to the court for time-to-pay, which enables you to pay the fine in regular instalments. You must apply for the time-to-pay option if you are unable to pay it in full immediately and the court may require documentary proof of your financial circumstances. The court’s decision for a time-to-pay application is final.
Prohibited behaviour order
You may be issued with a PBO if convicted of common assault
Prohibited behaviour orders (‘PBO’) are orders made by the court that impose certain restrictions on persons with a history of anti-social behaviour.
PBOs are issued in order to reduce the likelihood of the person committing future anti-social offences. For example, a serial graffiti offender might be banned from using public transport, a shoplifter might be banned from a shopping precinct, or a violent offender might be banned from being out after dark or drinking alcohol. The order can only be made on persons 16 years or older.
The orders will generally be publicised unless ordered otherwise by a court. The constrained person will have their name, a photograph, their town or suburb, and the constraints imposed by the PBO made public on a government website. This is done so the community can assist the police in ensuring the orders are complied with and identify any breaches. The details of the constrained persons can be found at http://www.pbo.wa.gov.au.
It is a criminal offence to breach PBO and carries a penalty of a fine and/or imprisonment. The maximum penalty is five years imprisonment, or 2 years in the case of a minor.
Don't risk making big mistakes.
Engaging a professional, understanding family lawyer with us means you will avoid common mistakes and gain the best possible result.
Lawyers with sustantial family law experience
Meet with good, local family lawyers that have been through the process many times with clients before.
- Past Cases
- Good Results
- Happy Clients
Our process
FreePhone case assessment
Lets talk about your situation confidentially. We will need to understand your financial situation and gain information about any children, if you have already come to an informal agreement we will need to discuss this with you.
Book appointment with our family lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like them to act on your behalf.
Don't risk making big mistakes.
Engaging a professional, understanding family lawyer with us means you will avoid common mistakes and gain the best possible result.
Lawyers with sustantial family law experience
Meet with good, local family lawyers that have been through the process many times with clients before.
- Past Cases
- Good Results
- Happy Clients
How they work
Considerations
When finalising a property settlement agreement you need to choose between consent orders and a financial agreement. Points to consider when choosing include:
- The time at which the agreement is reached;
- The requirement for independent financial advice with a financial agreement
- That a financial agreement can incorporate a superannuation agreement
- Recording of the agreement; and
- The requirements for full and frank financial disclosure.
What do they cover?
Both Consent Orders and a BFA can deal with one or more of the following matters:
- 1. Property settlement;
- 2. Spousal maintenance and maintenance for de facto parties;
- 3. Splitting superannuation.
They generally cannot deal with child support.
Do i need legal advice?
Consent Orders
You do not have to obtain legal advice in order for a Consent Order to be filed or made by the Family Court of Australia. It however is strongly recommended that you obtain legal advice.
The Courts will only make a Consent Order if it is just and equitable. The absence of legal advice is sometimes a reason why the Court does not grant Consent Orders.
BFA
Each party to the Binding Financial Agreement must obtain legal advice for the Agreement to be binding. Both parties to the Agreement must obtain advice in relation to the advantages and disadvantages of entering into the Agreement based on their particular circumstances, as well as the effect the Agreement has on their rights. This is because the Financial Agreement is not filed in the Courts and there is no judicial officer to determine whether the terms of the Agreement is fair, just, and equitable.
Enforcement
Consent Orders
In the event that a party does not sign a required document, an Order can be sought for the Family Court to sign documents on behalf of the non-complying party. When a party does not comply with the Orders, you can also make a Contravention Application and seek enforcement orders and to penalise the non-complying party.
BFA
Before a BFA can be enforced, a party needs to make an Application to the Court. Therefore, if property settlement terms are onerous and enforcement is likely, it is generally not advisable to enter into a BFA. This is because enforcement process will be expensive due to the Court process.
Setting the orders aside
Consent Orders
Consent Orders can be set aside where a court is satisfied there is a valid reason to set the Orders aside. These reasons include impracticality, hardship for a child of the relationship or default in carrying out the Orders.
BFA
A BFA can be set aside if the Court finds there is a reason. This can include:
- when the Agreement is obtained by fraud;
- where there hasn’t been strict compliance with the legislation in drafting and signing the Agreement;
- where a party to the Agreement engaged in conduct that was unconscionable; or
- circumstances have arisen since the Agreement which make it impracticable for it to be carried out.
Don't risk making big mistakes.
Engaging a professional, understanding family lawyer with us means you will avoid common mistakes and gain the best possible result.
Lawyers with sustantial family law experience
Meet with good, local family lawyers that have been through the process many times with clients before.
- Past Cases
- Good Results
- Happy Clients
Differences
Advantages
Consent Orders
- Consent Orders are usually quicker, easier and cheaper to enforce.
- The Court must be satisfied that the Orders sought are just and equitable.
- Parties must sign a “Statement of Truth” at the back of the form indicating that all assets and financial resources have been disclosed in the body of the document.
- In the event an Order compels a party to sign a document, which is not signed by that party, a Registrar can sign documents on behalf of the non-complying party.
BFA
- The proposed agreement does not have to be just or equitable.
- Both parties to the Agreement are required to obtain independent legal advice prior to entering into the Agreement. This ensures both parties are aware of the advantages and disadvantages of entering into the Agreement based on their particular circumstances.
- The only way a party can contract out of future liability for spousal maintenance is to enter into a BFA.
- Confidentiality clauses can be written into the Agreement.
Disadvantages
Consent Orders
- An Order relating to spousal maintenance can be varied which may be a disadvantage if you wish to extinguish your partner’s ability to seek spousal maintenance. However, should you wish to seek spousal maintenance, a Consent Order is advantageous.
- There may be delays associated with the Court to seal the Orders.
BFA
- If the BFA deals with spousal maintenance, you may be precluded from bringing an Application for spousal maintenance against your former partner in the future.
- By entering into a BFA, parties give up the rights they would otherwise have to have their spousal maintenance and property settlement entitlements determined by a Court.
- BFA’s are usually more expensive to prepare and advise on having regard to the strict legislative requirements.
- Before a BFA can be enforced, a party needs to make an Application to the Court to validate the agreement.
- If there is ever a dispute in relation to the validity of the BFA, you may be subject to lengthy and costly litigation;
- A BFA can be set aside based on a technical deficiency.
Don't risk making big mistakes.
Engaging a professional, understanding family lawyer with us means you will avoid common mistakes and gain the best possible result.
Lawyers with sustantial family law experience
Meet with good, local family lawyers that have been through the process many times with clients before.
- Past Cases
- Good Results
- Happy Clients
