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Consent Order Lawyers Melbourne

Helping you make the right decision.

Consent orders are legally binding agreements approved by the Court, formalising arrangements between parties after separation or divorce.

Consent Orders

What are Consent Orders?

Consent orders generally fall into two main categories:

  • 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.

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Note: Child support is usually handled separately and is not typically included in consent orders. 

Lawyer and judge

Are Consent Order 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.

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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.

Our Services

More of our services that we offer can be found below.

  • Consent orders are legally binding agreements approved by the Court. They can cover parenting arrangements, property division, and financial support after separation.

  • To apply for consent orders, you need to complete the necessary forms and submit them to the Court. It's advisable to seek legal advice from a family lawyer in Melbourne to ensure the orders are fair and comprehensive.

  • While it's possible to apply for consent orders without a lawyer, having a family lawyer in Melbourne can help ensure the orders are legally sound and protect your interests.

  • Consent orders can include arrangements for child custody, visitation schedules, property division, spousal maintenance, and other financial matters.

  • 1. Separation Requirement ​

    • You and your spouse must be separated for at least 12 months before applying for divorce. Separation can occur even if you continue to live under the same roof, provided you lead separate lives.

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    2. Meet Residency and Eligibility Criteria

    • You or your spouse must be:

      • An Australian citizen, or

      • Ordinarily living in Australia and have done so for at least 12 months prior to applying, or

      • Regard Australia as your permanent home.

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    3. We will prepare Divorce Application

    • Complete the Application for Divorce form. Decide whether to file a sole or joint application.

    • Gather required documents, including your marriage certificate and, if necessary, affidavits (e.g., for separation under one roof).

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    4. We will file the Application

    • Lodge your application and supporting documents with the Federal Circuit and Family Court of Australia.

    • Pay the filing fee (concessions may be available for eligible applicants).

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    5. We will arrange service of the Application (Sole Applications Only)

    • If you are applying alone, you must serve the divorce papers on your spouse within the required timeframe (28 days before the hearing if in Australia, 42 days if overseas). You cannot serve the papers yourself; another person must do it and provide an affidavit of service.

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    6. We will attend the Divorce Hearing (if required)

    • A hearing date will be set. Attendance is required if there are children under 18 or if a Response to Divorce has been filed. Otherwise, the process may be handled administratively.

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    7. Divorce Order Granted

    • If the court is satisfied with the application and arrangements for any children under 18, it will grant a divorce order. The order becomes final one month and one day after the hearing.

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    8. Post-Divorce Matters

    • After the divorce order is final, you have 12 months to apply for property settlement or spousal maintenance orders if needed.

  • Yes, you may file a divorce separately and without the consent of your spouse or you can apply for a divorce jointly. If you apply for divorce solely we will need to arrange service on your spouse via a process server.

    •  Couples married less than two years had to previously undergo compulsory counselling and obtain a certificate before applying for divorce.

    • In June 2025 changes: Sections 44(1B) and 44(1C) of the Family Law Act will be repealed, eliminating this requirement entirely. This means no waiting period based on marriage duration – couples can now apply for divorce as soon as they meet the 12-month separation requirement, regardless of how long they've been married.

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    Critical Time Limits Still in Effect

    1. 12-Month Separation Requirement
      All divorces still require proof of 12 months' separation with no likelihood of reconciliation. Couples living separately under one roof must provide additional evidence (e.g., financial independence, lack of intimacy).

    2. Property Settlement Deadlines

      • Married couples: 12 months from divorce finalisation to apply for court orders.

      • De facto couples: 2 years from separation date.

      • Extensions: Available only if "hardship" is proven, requiring evidence of a strong legal claim and valid reasons for delay.

     

    Key Implications

    • Faster divorce access: Short-term marriages no longer face additional delays.

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    • Property risks: The 12-month post-divorce deadline for married couples remains strict – formalise agreements or file court applications promptly.

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    • Evidence requirements: Cohabiting separated couples must carefully document their living arrangements (e.g., separate finances, social independence).

  • We at Charbel Lawyers are Family Lawyers in Melbourne committed to transparency, we offer fixed fee packages and clear pricing. You will know all the fees upfront for your divorce.

     

    We are transparent with our clients, to prepare your application for divorce: 

    • Joint Application with your ex spouse - $990 or a Sole Application $1,100.

    • There will be additional fees such:

    • The Court filing fee that the Court charges you,  $1,100 or $365 (concession card holder)

    • If we need to serve your former spouse the Application for Divorce via a (process server) we charge you the direct cost for their service nothing extra.

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    To begin the process to apply for a divorce or just to get some clarity, you can book a free introductory call. There is no obligation to continue with our service.

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