When couples separate or divorce, reaching agreements about property, finances, and children can be challenging. A Consent Order is a legal tool that can help finalise these agreements, providing security and enforceability without the stress of ongoing disputes.
In this guide, we explain what a Consent Order is, how it works, and why it can be an important step in family law matters. We’ll also show how Simonidis Steel Lawyers can assist you in preparing and filing Consent Orders to protect your future.
What Is a Consent Order in Family Law?
A Consent Order is a written agreement between separating parties that is approved by the court and made legally binding. It can cover:
- Parenting arrangements for children
- Property division
- Spousal maintenance
Consent Orders are commonly used when both parties have agreed on the terms and want to make them legally enforceable without the need for a court hearing.
Once the court approves a Consent Order, it has the same effect as if the court had made the decision after a trial. Breaching a Consent Order can have serious legal consequences.
Why Apply for a Consent Order?
Choosing to apply for a Consent Order offers several benefits:
- Certainty: Both parties have clear, enforceable terms, reducing future misunderstandings.
- Finality: Consent Orders legally finalise financial and parenting matters.
- Enforceability: If someone breaches the Order, it can be enforced by the court.
- Cost-Effective: It avoids the high costs associated with drawn-out court battles.
- Less Stress: Reaching an agreement outside of court is usually less confrontational.
At Simonidis Steel Lawyers, we guide clients through the Consent Order process to ensure their agreements are legally sound and in their best interests.
What Can Be Included in a Consent Order?
Consent Orders can cover a wide range of issues after separation or divorce, including:
Parenting Orders
- Who the child lives with
- How much time the child spends with each parent
- Communication between the child and parents
- Special conditions (e.g., travel, schooling, medical treatment)
Property Settlement Orders
- Sale or transfer of real estate
- Division of savings, superannuation, and investments
- Responsibility for debts
- Distribution of personal property (e.g., cars, furniture)
Spousal Maintenance Orders
- Financial support arrangements for one party after separation if needed
Our family law team at Simonidis Steel can help tailor Consent Orders to your specific situation to ensure nothing is overlooked.
How to Apply for a Consent Order
The process of applying for a Consent Order generally involves the following steps:
Step 1: Reach an Agreement
You and your former partner must agree on all the terms related to parenting, property, and/or maintenance.
Step 2: Prepare the Documents
You need to complete:
- Application for Consent Orders form
- Minute of Consent Orders (outlining the agreement in legal terms)
Accurate drafting is crucial — poorly prepared documents may be rejected by the court.
Step 3: File with the Court
Submit the documents to the Federal Circuit and Family Court of Australia.
Step 4: Court Review
A registrar or judge will review the documents. If they consider the agreement fair and in the child’s best interests (for parenting matters), the Consent Orders will be approved.
You do not need to attend court for Consent Orders unless requested.
How Long Does It Take to Get a Consent Order?
Once filed, it usually takes 4 to 6 weeks for the court to process and approve Consent Orders. However, the timeline can vary depending on court workloads and the complexity of the agreement.
Simonidis Steel Lawyers can help ensure your documents are prepared correctly, minimising the risk of delays.
Can a Consent Order Be Changed Later?
Consent Orders are intended to provide finality, but in some cases, changes can be made.
You can apply to vary a Consent Order if:
- Both parties agree to the changes (and submit new Consent Orders), or
- There has been a significant change in circumstances (especially with parenting matters).
The court will only agree to vary a Consent Order if it is in the child’s best interests or necessary to achieve a fair outcome.
Common Mistakes to Avoid When Applying for Consent Orders
- Poorly Drafted Agreements: Vague or incomplete terms can cause problems later.
- Not Getting Legal Advice: Without professional advice, you may unknowingly agree to unfair terms.
- Ignoring Superannuation Splits: Superannuation is a major asset and should be included.
- Failing to Disclose Financial Information: Full and honest disclosure is required; otherwise, the court may overturn the Order.
Simonidis Steel Lawyers ensure that your Consent Orders are properly prepared and fully protect your rights.
How Simonidis Steel Lawyers Can Help
Our experienced family law team can assist you with:
- Negotiating fair parenting and property agreements
- Drafting Consent Orders that comply with court requirements
- Filing applications correctly and promptly
- Advising you on your legal rights and obligations
We make the process smoother, more efficient, and stress-free, giving you peace of mind that your future is secured.
If you need help negotiating, drafting, or filing Consent Orders, contact Simonidis Steel Lawyers today. Let our friendly and knowledgeable team guide you through the process and help you move forward with clarity and confidence.
