Phase five
Implementation
Judgment and consent orders
The final hearing results in one of two outcomes - you and the other party reach an agreement while at the court, which is documented in consent orders; or a judgment (decision of the court) is delivered. The judge will usually deliver their decision within 3-6 months, but there can be court delays. This timeframe depends on the capacity of the judge and the complexity of the case.
Consent orders
Consent orders have the same binding effect as a court judgment.
Once you and the other party have agreed on the orders, one of the lawyers will draft the final orders in a court-approved format. These are then filed with the court.
The court will consider the orders and determine whether they represent a just and equitable outcome, generally within 3-4 weeks. If successful, sealed orders will be made available and the orders will be enforceable.
A judge may also make requisitions, or further questions regarding the orders. For each requisition made by the court, an additional two weeks are required for the orders to be approved.
Important: It is difficult to ascertain when a judgment will be delivered after the final hearing, as this depends on the complexity of the case and the workload of the judge.
Implementing orders
At this stage of the process, we may refer you to a financial planner and/or accountant who will work with you to put in place strategies that meet your current and future financial obligations pursuant to the court orders. We have a number of preferred providers who regularly assist our clients at this stage of their family law journey and you can be assured that we will connect you with a professional who is appropriate for your particular circumstances.
Your lawyer will send you a letter outlining the final outcome of your matter and your obligation to comply with the orders. We provide in-house conveyancing services, should your settlement involve a transfer of real estate, and we can assist with implementing the balance of your financial and/or parenting orders.
Failure to comply with orders
If either you or the other party fails to comply with orders, the complying party can notify the court.
The court has discretion to vary the original orders or to order costs in favour of the applicant.
> Click here to move to phase one: First steps
> Click here to move to phase two: Dispute resolution
> Click here to move to phase three: Pre-action procedures
> Click here to move to phase four: Preparation for court
> Click here to move to phase five: Implementation
> Click here to view more about Disclosure
> Click here to view more about binding financial agreements