What Is A ‘Consent Order’?
A common question that comes up in our dealings with clients is understanding the meaning of a consent order in family law.
Once parties reach an agreement regarding their parenting and/or property matters, be it between themselves or with the assistance of family lawyers, they can formalize their understanding by asking the Court to make legally binding Orders.
As the Orders are made by the Court with the consent of both parties, they are known as ‘Consent Orders’.
Why Do You Need Consent Orders? Are They Legally Binding?
If you and your former partner have reached an agreement, there are risks associated with this agreement remaining informal.
For example, one party might later try to alter what was agreed upon whereas once Consent Orders are made by the Court, they are legally binding.
How Do I Apply For Consent Orders?
You or your lawyer will need to prepare two documents.
These are:
- Application for Consent Orders Form; and
- Application for Consent Orders – Proposed Orders.
In both documents, the person who will be filing the Application and paying the filing fee should be listed as the Applicant.
The first document is essentially a questionnaire where you answer questions about yourself, the other party, your relationship and your children (if any), as well as questions specific to whether you are seeking parenting or property Orders.
For example, if you are seeking parenting Orders, you will need to outline your proposed arrangements for the children in terms of housing, supervision, health, education, and financial support.
If you are seeking property Orders, you will each need to provide details of your finances such as your respective incomes, assets, liabilities, and superannuation.
You can access the Application for Consent Orders form here: Application for Consent forms.
The second document sets out the Orders that you are asking the Court to make. It is important that you understand the Orders you are seeking.
Even if you have decided to make your application without the assistance of a lawyer, we suggest you obtain independent legal advice about the effect and consequences of the Orders you are seeking.
Once the documents have been prepared and signed by both parties, and their legal representatives, if applicable, they need to be filed at Court. This is done electronically using the Commonwealth Courts Portal.
You go to the Portal and select ‘Start New File’ and complete the online form. You will then need to upload your Application for Consent Orders Form and Proposed Orders.
Depending on the Orders you are seeking, you may need to upload other documents. For example, if you are seeking parenting orders, you will need to complete and file a ‘Notice of Child Abuse, Family Violence or Risk’.
