About Consent Orders
Our family team have successfully obtained consent orders for many clients.
We have the experience to help gain the best possible outcome for you quickly & at low cost.
- Our process
- Helpful info
FreePhone case assessment
Lets talk about your situation confidentially. We will need to understand your financial situation and gain information about any children, if you have already come to an informal agreement we will need to discuss this with you.
Book appointment with our family lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like them to act on your behalf.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with consent order experience
Meet with lawyers who have successfully obtained consent orders for clients.
- Past Cases
- Good Results
- Happy Clients
The basics
Consent orders are a written agreement that are formalised and approved by the Court and thus are legally binding. To file consent orders, the neither you, nor your partner, need to go to court.
Consent orders can deal with the following:
- The transfer or sale of property
- The splitting of superannuation,
- Spousal maintenance.
Consent orders are filed with the nearest Family Law Registry. The court must be satisfied that the orders are properly drafted and that the terms of the agreement are "just and equitable", before it will approve them.
What is not included
The following are matters that cannot be dealt with in a Consent Application:
- Child maintenance for children covered by the Child Support (Assessment) Act, that is, those under 18. This is handled by the Child Support Agency.
- Medical procedures.
- Orders under cross vesting laws.
- A parenting order in favour of a person who is not a parent, grandparent or other relative.
Parenting orders
These include orders relating to:
- The person with whom the child lives including any shared arrangements.
- The times that a child may spend with a parent with whom they are not living, or anyone else who plays an important part in their life, such as a grandparent and can be either face-to-face, or by phone, email or letters.
- Child maintenance for children not covered by the Child Support Act. If you are unsure contact the Child Support Agency.
- Any other aspect of parental responsibility this may include the day-to-day care, welfare and development of a child, religion, education and sport.
Financial orders
These include orders relating to:
- Spouse maintenance financial support for a husband, wife, former husband/wife or de facto.
- Property how your property, superannuation, financial resources and liabilities should be shared between you.
Superannuation orders
There are some important matters concerning superannuation that de facto couples should take into account when seeking property orders in the Family Court.
De facto partners are not able to seek orders to “flag” or “split” their superannuation entitlements. These options are only available to parties who were legally married.
This does not mean that the Court does not take superannuation into account when deciding how to divide property between de facto partners. The Court is required by the law to consider the superannuation entitlements of both parties.
Changing an order
If the orders you seek are intended to vary or discharge an existing order which was made in any other Court or Family Court registry, other than the registry in which the Application for Consent Orders is to be filed, then sealed copies of the existing order must also be filed.
Duty of disclosure
You must make full disclosure of your financial circumstances during the negotiation process and all details must be included in the application.
Please note that failure to give full and frank disclosure has serious consequences. These consequences may include:
- any consent orders being set aside;
- you having to pay the other party’s legal costs;
- your being fined;
- you being charged with contempt of court.
Who should be a party?
A person against whom an order is sought or whose rights may be directly affected by an issue in the case must be included as a party to the application for consent orders.
If an order or injunction is to be binding on a third, that third party must:
- be named as a respondent to the application;
- sign the draft consent order;
- swear or affirm Part M.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with consent order experience
Meet with lawyers who have successfully obtained consent orders for clients.
- Past Cases
- Good Results
- Happy Clients
Our process
FreePhone case assessment
Let's talk about your situation confidentially. We will need to understand your financial situation and gain information about any children, if you have already come to an informal agreement we will need to discuss this with you.
Book appointment with our family lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like them to act on your behalf.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with consent order experience
Meet with lawyers who have successfully obtained consent orders for clients.
- Past Cases
- Good Results
- Happy Clients
Helpful info
The basics
Consent orders are a written agreement that are formalised and approved by the Court and thus are legally binding. To file consent orders, the neither you, nor your partner, need to go to court.
Consent orders can deal with the following:
- The transfer or sale of property
- The splitting of superannuation,
- Spousal maintenance.
Consent orders are filed with the nearest Family Law Registry. The court must be satisfied that the orders are properly drafted and that the terms of the agreement are "just and equitable", before it will approve them.
What is not included
The following are matters that cannot be dealt with in a Consent Application:
- Child maintenance for children covered by the Child Support (Assessment) Act, that is, those under 18. This is handled by the Child Support Agency.
- Medical procedures.
- Orders under cross vesting laws.
- A parenting order in favour of a person who is not a parent, grandparent or other relative.
Parenting orders
These include orders relating to:
- The person with whom the child lives including any shared arrangements.
- The times that a child may spend with a parent with whom they are not living, or anyone else who plays an important part in their life, such as a grandparent and can be either face-to-face, or by phone, email or letters.
- Child maintenance for children not covered by the Child Support Act. If you are unsure contact the Child Support Agency.
- Any other aspect of parental responsibility this may include the day-to-day care, welfare and development of a child, religion, education and sport.
Financial orders
These include orders relating to:
- Spouse maintenance financial support for a husband, wife, former husband/wife or de facto.
- Property how your property, superannuation, financial resources and liabilities should be shared between you.
Superannuation orders
There are some important matters concerning superannuation that de facto couples should take into account when seeking property orders in the Family Court.
De facto partners are not able to seek orders to “flag” or “split” their superannuation entitlements. These options are only available to parties who were legally married.
This does not mean that the Court does not take superannuation into account when deciding how to divide property between de facto partners. The Court is required by the law to consider the superannuation entitlements of both parties.
Changing an order
If the orders you seek are intended to vary or discharge an existing order which was made in any other Court or Family Court registry, other than the registry in which the Application for Consent Orders is to be filed, then sealed copies of the existing order must also be filed.
Duty of disclosure
You must make full disclosure of your financial circumstances during the negotiation process and all details must be included in the application.
Please note that failure to give full and frank disclosure has serious consequences. These consequences may include:
- any consent orders being set aside;
- you having to pay the other party’s legal costs;
- your being fined;
- you being charged with contempt of court.
Who should be a party?
A person against whom an order is sought or whose rights may be directly affected by an issue in the case must be included as a party to the application for consent orders.
If an order or injunction is to be binding on a third, that third party must:
- be named as a respondent to the application;
- sign the draft consent order;
- swear or affirm Part M.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with consent order experience
Meet with lawyers who have successfully obtained consent orders for clients.
- Past Cases
- Good Results
- Happy Clients
