Understanding Consent Orders in Australia: A Comprehensive Guide
When separating or divorcing, it is essential to have clear and legally binding agreements regarding property, finances, and parenting arrangements. One of the most effective ways to formalise such agreements is through Consent Orders. At Craigieburn Lawyers, we specialise in helping clients navigate this process efficiently and effectively.
In this article, we explore what Consent Orders are, their benefits, how to apply for them, and why they are crucial for ensuring clarity and legal protection. Craigieburn Lawyers can assist you at every step to ensure your legal rights are protected.
What Are Consent Orders?
Consent Orders are legally binding agreements approved by the Family Court of Australia that outline how separating couples will divide their assets, manage financial arrangements, and organise parenting responsibilities. Unlike informal agreements, Consent Orders carry the weight of court enforcement, ensuring both parties adhere to the agreed terms.
There are two main types of Consent Orders:
Parenting Consent Orders – These orders formalise parenting arrangements, including custody, visitation schedules, parental responsibilities, and decision-making regarding children’s welfare.
Financial and Property Consent Orders – These orders outline how assets, debts, and financial resources will be divided, ensuring a fair settlement between the parties. Craigieburn Lawyers can help draft these agreements to ensure fairness and compliance with legal standards.
Benefits of Consent Orders
Opting for Consent Orders provides numerous advantages, including:
Legally Enforceable: Once approved by the court, Consent Orders are legally binding, ensuring compliance from both parties.
Avoiding Future Disputes: By having a clear agreement in place, Consent Orders help prevent future misunderstandings or conflicts.
Cost-Effective: Compared to drawn-out proceedings, Consent Orders are a more affordable way to formalise agreements.
Confidentiality: Unlike court battles, Consent Orders keep details of your settlement private.
Court Approval Without Attendance: In most cases, neither party has to appear in court for the approval process.
Flexibility: Parties can tailor agreements to suit their specific needs and circumstances.
Who Can Apply for Consent Orders?
Consent Orders are available to both married and de facto couples who have agreed on the division of their property, financial resources, or parenting responsibilities. The Family Court of Australia and the Federal Circuit Court handle Consent Orders for married couples, while de facto couples apply through the Family Court of each state.
For property settlements, an application must be filed within:
12 months of a divorce becoming final (for married couples).
Two years of separation (for de facto couples).
Craigieburn Lawyers can assist in ensuring your application is filed correctly and within the appropriate timeframe.
Steps to Apply for Consent Orders
Negotiate and Reach an Agreement
Both parties must discuss and mutually agree on property, financial, or parenting arrangements.
It is advisable to seek legal advice from Craigieburn Lawyers to ensure fairness and legal soundness.
Prepare the Consent Order Documents
Craigieburn Lawyers will complete the required forms, including:
Application for Consent Orders
A minute of Consent Orders detailing the terms of the agreement
If applying for financial and property orders, a financial statement may be required.
Lodge the Application with the Court
File the documents with the Family Court electronically via the Commonwealth Courts Portal.
Pay the applicable filing fee (unless eligible for a fee reduction or exemption).
Court Review and Approval
A registrar will assess the application to ensure fairness and that the agreement aligns with the law.
If the court approves the application, the Consent Orders become legally binding.
Craigieburn Lawyers can help prepare and lodge these documents correctly to avoid unnecessary delays.
Common Issues in Consent Order Applications
While Consent Orders are generally straightforward, several issues can arise:
Unfair Property Settlements: If the court determines an agreement is unjust, it may reject the Consent Orders.
Incomplete Documentation: Missing or incorrect paperwork can delay processing.
Changing Circumstances: If a significant change occurs (such as job loss or relocation), parties may need to seek a variation of orders.
Parental Disputes: If parenting orders are deemed to be against the child’s best interests, they may not be approved.
Craigieburn Lawyers can help mitigate these issues by ensuring all documentation is accurate and agreements are fair.
Can Consent Orders Be Changed?
Once approved, Consent Orders are legally binding. However, modifications can only be made under exceptional circumstances, such as:
Both parties agreeing to new terms and submitting a fresh application.
A significant change in circumstances affecting the feasibility of the existing orders.
Court intervention if one party breaches the agreement.
Craigieburn Lawyers can advise you on the best course of action if changes are needed.
How Craigieburn Lawyers Can Help
At Craigieburn Lawyers, we understand the complexities of family law and the importance of securing a fair and legally binding agreement. Our team can assist you with:
Drafting and reviewing Consent Orders
Providing legal advice on property settlements and parenting agreements
Navigating court requirements to ensure a smooth process
Representing your interests if complications arise
Conclusion
Consent Orders are a practical and effective way to formalise agreements following a separation or divorce. By obtaining court approval, you gain legal protection, clarity, and enforceability for your financial and parenting arrangements.
If you need assistance with Consent Orders, contact Craigieburn Lawyers today for expert legal guidance. Our experienced family law team is here to help you.