Elevate Family Law

Understanding Consent Orders

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Table of Contents

What is the purpose of a consent order?

The purpose of a Consent Order is to formalise the agreement reached between you and your spouse into a Court Order. This ensures that the agreement is legally enforceable by that Court approved order. Consent Orders offer the highest protection for the parties involved.

There are risks associated with informal agreements made between you and your former spouse. If you and your former partner have reached an agreement on, say, the division of assets or parenting plans and arrangements, there is no guarantee that your former partner will not go against your previous agreement.

With Consent Orders, once they are sealed by the court, they are legally binding and breach of Consent Orders will incur serious offenses.

What do I need to do to apply for a Consent Order?

  1.  You first need to have reached an agreement with your former spouse about parenting and financial/property arrangements and want to formalise the agreement.
  2. Prepare the necessary documents that need to be filed to the Court. Our Consent orders lawyers will handle this process on your behalf. Generally, the first document to be filed is called the ‘ Application for Consent Orders’ which describes the circumstances of each party, any children, and the proposed division of property. The second document is “Consent Minutes of Order “, which explains the specifics of the orders being sought.
  3.  The final step is to lodge the Application for Consent Orders with supporting documents to the Court.

What happens after a consent order is approved?

After the consent order is approved, the orders become legally enforceable – just the same as any other order made by the Court. The consent orders will be available on the ComCourts portal for downloading.

Is a consent order a court order?

Essentially, a consent order IS a court order.
Both consent orders and court orders are legally binding and have been legally enforced by the Court. The key difference is that consent orders – as the name suggests – are made by both parties after agreeing to terms and seeking the Court’s approval.

Court orders on the other hand can be made and enforced by the Court with or without the consent and negotiation of both parties.

What are the benefits of signing consent orders

  1. Consent Orders are legally binding and enforceable by Law, therefore, binding the parties to the terms agreed 
  2. Approval of your Consent Orders gives you assurance and peace of mind knowing that the terms agreed on are now formalised and making it easier to move on with your life.
  3. Consent orders, in most instances, have the advantage of being a cost-effective approach to agreeing and formally documenting your family law matter.
  4.  Consent Orders have the benefit of both parties to have the ownership and autonomy to decide the terms of the agreements and not leaving it up to the Courts to set the terms for you.

What Is A Minute Of Consent Orders?

A minute of consent orders is the compiled document that contains the proposed agreed terms/orders the parties are seeking to obtain Court approval.
In order for the minutes of consent orders to be considered as legally binding, the provisions set out in the document need to be drafted in a manner that satisfies the stipulated Court requirements.

Get in touch with our family law team for a free consultation to discuss your consent orders matter.

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