Elevate Family Law

What are consent orders?

Consent orders in family law proceedings are formal, written arrangements agreed on by both parties and approved by the Court to make it legally binding.

  • A Consent Order can provide for both financial matters ( financial consent orders) and parenting arrangements (parenting consent orders).
  • Consent orders in parenting matters may formalise decisions on who the child/ren are to live and spend time with and other matters concerning how the child will be cared for. 

 

  • In financial matters, consent orders may consist of agreements concerning spousal maintenance, division of matrimonial property, the sale of assets and other matters concerning the property of the parties.

  • For a Consent Order in family court to be finalized, the Court must be satisfied that the agreement is just and equitable, if in the case where there are child/ren involved, the court must be satisfied that their best interests are upheld.

What is the application for consent orders process?

Our divorce lawyers can assist you with the application for divorce process from start to finish.

 

Negotiation / Mediation

Work towards reaching an agreement by engaging a solicitor in managing the mediation process and finalise it by way of a Consent Order.

Submission of Consent Orders

Once an agreement is reached by both parties, your Consent Order application is submitted to the Registrar of the Family Court of Australia.

Consent Orders Approval

Normally , you can expect your Application to be approved and Orders issued within around 4 – 6 weeks of the Court submission.

Outcome

Upon approval by the Registrar  of the submitted application, it becomes an Order. However, if the application is denied, you may need to amend and resubmit for approval.

When Can I Apply for Consent Orders?

who gets what ?

  • Before an Application for Consent Orders can be made, the parties must actually be separated.
  • This separation can occur  with the parties living under the same roof – as long as as they are no longer together as husband and wife or de facto partners
  • There are some critical time limits to note on making an application for a Consent Order for financial, property  settlement or parenting matters. The application must be made within:
    • 1 year from the date of divorce for married couples.
    • 2 years from the date of separation for de facto couples.
  • It is also possible to apply for Consent Orders solely for a parenting matter, even if the parties are involved in litigation on a financial / property matter at Court and vice versa.

Why apply for Consent Orders?

benefits of Consent Orders

  • The agreement once approved is legally  binding and enforceable.
  • This mitigates future risk and ensures that you can rely on the Court Orders to make sure your ex-partner/spouse upholds their end of the agreement. 
  • Your future acquired assets are protected from a potential further claim by your former partner.
  • Cost effective – reduces the costs associated with drawn out litigated matters .

how we've helped people just like you

Thank you so much Zohra and Anmol for the professionalism you displayed in dealing with my matter of both divorce settlement and my parental and child orders. They both display compassion and understanding and nothing is ever an issue….

Simone

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Most frequent questions and answers

Once your Application for Consent Orders and Consent Orders are signed by both parties and filed the Family Court of Australia, your matter will be set down for a Consent Orders Hearing, which is usually between 4 to 6 weeks .

It is recommended to seek advice from a family lawyer who can guide you in your unique circumstance and how to best resolve legal disputes and make sure that you come to an agreement that is fair and equitable. The solicitor can suggest mediation, arbitration or collaborative law as other avenues to seek in the attempt to obtain a resolution.

For married couples, if you and your former spouse have reached agreement, you must file the Application for Consent Orders within one year of the date of your Divorce Order. In the case of a de facto relationship, up to 2 years of the date your relationship coming to an end .