Our Services
More of our services that we offer can be found below.
Consent Orders
Consent orders are legally binding agreements approved by the Court, formalising arrangements between parties after separation or divorce. These orders can cover parenting arrangements, property settlements, and financial matters, providing the same legal effect as orders made after a contested court hearing
What are Consent Orders?
Consent orders generally fall into two main categories:
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Parenting Orders: Specify living arrangements for children, time spent with each parent, parental responsibility, and other aspects of a child’s welfare (such as education, religion, and medical matters).
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Financial/Property Orders: Cover the division of assets, liabilities, superannuation, spousal or de facto maintenance, and other financial resources.
Note: Child support is usually handled separately and is not typically included in consent orders.
Why choose Consent Orders?
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Legally Binding: Once approved, consent orders are enforceable by law. Breaching an order can result in penalties, including fines or imprisonment in serious cases.
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Control and Flexibility: Parties retain control over the terms of their agreement, rather than having a judge impose a decision
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Cost-Effective: Resolving matters by consent avoids lengthy and expensive court proceedings.
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Certainty and Finality: Consent orders provide clarity and certainty for both parties moving forward.
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01. Reach an Agreement: Both parties must agree on the terms regarding property, finances, and/or parenting.
02. Draft Consent Orders: Prepare a written document (often called a Minute of Consent Orders) outlining the agreed terms.
03. Complete the Application: Fill out the Application for Consent Orders and attach the draft orders.
04. File with the Court: Submit the application and pay the filing fee. Fee exemptions may be available in cases of financial hardship.
05. Court Review: A registrar or judge reviews the orders to ensure they are ‘just and equitable’ for property/financial matters and in the ‘best interests of the child’ for parenting matters.
06. Orders Made: If satisfied, the court seals the orders, making them legally binding. If not, the court may request changes or further information.
Courts Consideration
Parenting Orders: The court must be satisfied that arrangements are in the best interests of the child, considering factors such as safety, welfare, and the benefit of ongoing relationships with both parents (where safe).
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Property/Financial Orders: The court must be satisfied that the division is just and equitable, considering each party’s contributions and future needs..
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The difference
Consent Orders: Approved and enforceable by the court, covering parenting and property matters.
Financial Agreements: Private agreements not filed with or enforced by the court; used mainly for property settlements.
Is Consent Orders Right for me?
It is strongly recommended to seek legal advice before applying for consent orders to ensure your interests are protected and the orders are drafted correctly.
Consent orders offer a practical, enforceable, and efficient way to resolve family law matters without the stress and cost of a court battle. If you need assistance with drafting or applying for consent orders, contact our experienced family law team today.