What are Consent Orders and how can I apply for them?

There are significant risks to leaving any agreement on parenting and/or property arrangements undocumented. Verbal and informal agreements on parenting and property arrangements, following a separation or divorce, can cause issues between the parties at a later stage. It is never recommended that parties settle their parenting and/or property arrangements by verbal agreement or informally. Consent orders are entered into between the parties if they have been able to negotiate and agree on either parenting or property arrangements, or both.

Consent orders are filed with the Family Court. If consent orders are entered into and filed with the Court, usually no physical Court appearance is required.

Consent orders provide certainty, security and protection to both parties in the most cost effective manner.

Whilst the parties are not required to obtain independent legal advice on consent orders, it is advisable that they are drafted by a solicitor experienced in family law matters. An experienced family lawyer will know all the court requirements for consent orders and any other processes that need to take place, prior to the filing of consent orders (for example superannuation procedural fairness). If they are not drafted correctly and all the requirements are not met, the court may not make the orders or dismiss the Application.

Consent orders for property settlement

Parties who are married have 12 months from the date of divorce to apply for consent orders. They can be applied for out of time, but you must obtain special leave of the court to make such an application.

Parties who have been in a de facto relationship (the relationship must have lasted at least 2 years or the parties must have had a child together) have 2 years from the date of separation to apply for consent orders. They can be applied for out of time, but you must obtain special leave of the court to make such an application.

Parenting consent orders

Any person who is involved with the care, welfare and development of a child can apply for parenting orders.

If the consent orders are filed outside of Court proceedings, they are considered by a Registrar of the Court prior to the orders being made, to ensure the property orders are just and equitable and in the case of parenting orders, that the orders are in the best interests of the children involved.

If you have reached an agreement with your former spouse on parenting or property arrangements, or both, contact our team of dedicated family law professionals who can tailor their advice to your needs and circumstances, and assist you with preparing consent orders to be filed with the Family Court. Make an appointment today and get a clear plan of action.