It all depends on the application or what type of order is being asked by the applicant. Say, for example, parties have entered into a prenuptial agreement providing for the division of property and maintenance in case of divorce or separation. These same parties can go to court and have their agreement finalized and approved by the court through the issuance of a consent order.
Parents who are in dispute over child custody or arrangements may go to court for the issuance of parenting orders. The parenting orders may outline the living arrangements for the children. The judge will also specify whether the custody is sole or shared. If it is sole custody of who is the full-time care of the children awarded? Is it to the father or the mother? It is interesting to note that the care of a child may be awarded to a person other than the mother or the father.
This is because the primary concern of the court and the law is the best interests of the child. If the court deems that neither parent is a suitable carer for the child, custody may be awarded to grandparent, relative or another person who is concerned for the welfare of a child.
In a divorce or separation, one of the hotly contested issues is who gets to keep the family home. Both parties are entitled to stay in the family home unless ordered otherwise by the court. This means that a party cannot be forced to leave unless there is a court order.
Usually, if there is family violence or child abuse involved the court will issue an exclusive occupancy order in favour of one party who is responsible for the care of the children. However, such an order will not affect the right of a party to the division of assets in a property settlement case. The court may issue an order disposing of the house and dividing the profits between the parties.
Orders in a property settlement case require detailed disclosure of financial sources and liabilities. The court will only issue an order about property settlement once it has already gathered all the necessary information.