VIC Family Court Keeps Rejecting Consent Orders - Recourse?

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Angela65

Member
4 April 2017
2
0
1
Hello

I have an issue with the family court rejecting the consent orders.

Now this matter has gone quite a way through the courts already and has been ongoing for a very long time with a lot of legal fees. We have come to an agreement, and the consent orders were drafted by my solicitor, signed by both parties (other party solicitor represented throughout the entire journey also) and sent to the court.

They have now been rejected 3 times.

I have seen the correspondence from the court, and they want justification of the split of assets.
My question is a bit two fold actually.

The initial rejection asked for further details on the split (in fact all 3 rejections have been basically the same issue) so should I be expecting some sort of recourse against my solicitor over this fees-wise? Her initial response didn't answer the questions, but I figured she knew what she was doing.

So now the court wish to have justification of the split, and I do not understand what they actually want. I am receiving the lower % of the split, do they think they are looking out for me? There are several factors that obviously the court is not aware of that are in the background, and now all the court is doing (and my solicitor) is costing me further legal fees.

Both parties are legally represented and have been to court. The only option left was to go to trial and the cost and time meant that both parties would actually lose far more than they would gain, so common sense prevailed.

If the court refuse to stamp the consent orders, where does that leave me?
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Hi Angela,
I think you have nailed it. The court are looking out for the best interests of all parties. The court usually do this because they don't consider the orders a fair division of assets. Your lawyers should know this. I can only think your lawyer has advised you to seek a more fair split and you just want it over and done with. If you cant provide a good reason why their isn't a more even split of assets then go for a 50:50 to get the orders through the court.
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
Sounds like the consent orders aren't meeting the 'fair and equitable' provision of the law.