In Australia, consent orders refer to agreements reached between parties involved in family law matters, such as parenting arrangements, child support, spousal maintenance, and property settlements. These agreements are formalised by the Federal Circuit and Family Court of Australia (FCFCOA) when you have successfully fulfilled the requirements for filing for consent orders
The first step is for the parties to negotiate and reach an agreement on the terms of their arrangements. This often involves discussions between the parties themselves, with the assistance of lawyers or mediators if necessary.
Once an agreement is reached, the parties or their legal representatives draft the consent orders. These orders outline the terms of the agreement, including any arrangements regarding children, property division, financial matters, etc. The orders must comply with the requirements of the Family Law Act 1975 and other relevant legislation.
These orders relate to:
These orders relate to:
The next step is to file an Application for Consent Orders with the FCFCOA. This application includes the proposed consent orders and any supporting documentation, such as financial statements or parenting plans.
The filing is done online through the Commonwealth Courts Portal.
It is strongly recommended that each party to the application seeks independent legal advice to be sure that the terms of the consent orders are fair and equitable. It is very difficult to get through the Consent Orders process successfully without the legal advice and the necessary Statement of legal Advice attached to the Application.Â
There is usually a filing fee associated with lodging the application for consent orders. The fee amount may vary depending on the court and the nature of the orders sought. However, there are provisions for fee exemptions or reductions in certain circumstances, such as financial hardship.
Once the application is filed, the court will review the proposed consent orders to ensure they are fair, reasonable, and in the best interests of any children involved. If the court is satisfied with the orders, they will be formally made by the court and become legally binding on the parties.
Once the court approves the consent orders, it will issue a sealed copy of the orders to both parties. These orders have the same legal effect as if they were made by a judge after a contested hearing.
AussieLegal offers a range of family law services, including the preparation of Consent Orders in Australia and Binding Child Support Agreements. You may also want to try our comprehensive Property Settlement Calculator to help you identify your financial position when dividing your properties and liabilities.
We also have a Binding Separation Agreement Plus service, which enables you to finalise your agreement on how your assets and liabilities are to be divided. Moreover, it includes legal advice and guidance, and certification, for you and your former spouse, which is necessary to meet the Court requirements for the agreement to be binding.Â
Call us on 1300 728 200 to discuss your situation with one of our consultants.
