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Family Law

Dealing with a Breach of Consent Orders

family and law

Reaching a Consent Order after separation is meant to provide clarity, certainty, and legal protection for both parties in matters of family and law.

But what happens if your ex doesn’t comply? Enforcing a Consent Order can be stressful and complex, especially if your ex ignores financial, parenting, or asset obligations.

Hire a family lawyer early to draft a Consent Order that’s enforceable, strategic, and protects your long-term interests.

Family and Law: Why a Well-Drafted Consent Order Matters

Some people create stronger Consent Orders than others. A vague or poorly drafted order invites disputes and makes enforcement harder if your ex doesn’t follow the terms.

By working with an experienced family lawyer, you ensure that:
Your Consent Order is watertight – Clearly drafted orders leave no room for interpretation, reducing the risk of breaches.
✅ A lawyer protects your legal rights and covers all assets, financial matters, and parenting arrangements.
You have a clear enforcement pathway – If a breach occurs, a strong Consent Order makes legal action easier and more effective.

What Happens When You Don’t Properly Draft Consent Orders: Family and Law Issues

Many people believe a Consent Order fully protects them once the court approves it. However, issues often arise when:

❌ The Consent Order lacks specific deadlines (e.g., when financial transfers should occur).
❌ The order doesn’t outline consequences for non-compliance.
❌ Parenting arrangements are too vague, leading to disputes.
❌ The Consent Order was prepared without legal guidance, making enforcement difficult if breached.

An experienced family lawyer anticipates these issues before they happen, ensuring you don’t face unnecessary legal battles down the track.

 

What Happens If a Consent Order Is Breached?

If your ex-partner fails to follow the Consent Order, you may need to take enforcement action, which can involve:

🔹 Negotiation or mediation – In some cases, legal intervention can encourage compliance without court proceedings.
🔹 Applying to the court – If negotiations fail, you can take legal action to enforce the Consent Order.
🔹 Serious penalties for non-compliance – The court may impose fines, require compensation, or even alter parenting arrangements in response to repeated breaches.

Having a strongly drafted Consent Order from the start makes this process much easier and increases your chances of a swift resolution.

Why You Shouldn’t DIY Your Consent Order

DIY or template Consent Orders may save money now but often lead to costly complications and disputes later.

A lawyer does more than just fill out paperwork—they:

Provide legal strategy – Protecting your financial future and parenting rights.
Ensure legal enforceability – So you can take swift action if your ex doesn’t comply.
Avoid loopholes – Preventing future disputes over vague or incomplete agreements.

Protect Yourself from the Start with Martens Legal

At Martens Legal, we don’t just help you get a Consent Order—we ensure it is clear, enforceable, and designed to protect your rights long-term.

If you’re considering a Consent Order, don’t leave anything to chance. Book a consultation with us today to secure a legally sound agreement that safeguards your future.