What are consent orders?

Consent Orders are obtained by making an application to the Court with the proposed Consent Orders. As the name suggests this is where both parties are agreeing or consenting to the order. Consent orders are generally very enforceable and parties can be held to account to discourage non-compliance.

The application will include such matters the details of the parties, the background of the relationship, a list of assets and liabilities of the parties, the contributions made by the parties during the relationship and also their future needs (having regard to their earning capacity, age, health etc.). The consent orders will clearly set out the obligations of each party in relation to either the division of assets and/or parenting matters.

These orders will be subject to the Court determining that the Orders are fair and equitable. If the court is satisfied with the proposed consent orders, a copy of the Orders sealed by the Court will be provided to the parties and the Orders then become binding.

Advantages of Consent Orders

Advantages of obtaining consent orders include:

• family consent orders are legally binding;
• any applications for enforcement of the Orders is a simpler process as the Court does not have to determine if the orders are valid and enforceable (in contrast with a BFA);
• it is harder to have Family Law Orders invalidated; and
• it is not a prerequisite for each party to obtain independent legal advice.

Disadvantages of obtaining consent orders include:

• more information is required to be provided (as the Court needs to be satisfied that the orders are fair and equitable).
• there is a court filing fee and you will need to wait for the orders to be sealed and returned to you (assuming they are accepted by the Court).

By working with you and your individual circumstances we will present you with options so that you are fully informed in choosing the best approach. Consent orders are not always required and can be unnecessary, however it can be a vital insurance policy of sorts and provide you with greater security knowing that a court has validated the agreement.

Our family lawyers will develop a strategy to and strive to get your best result the property settlement.

Whether the matter progresses to court or settles amicably we:

• will ensure that you understand your rights and responsibilities and can be assured that your family lawyer is working hard to protect your rights; and
• provide you with clear, confidential advice and tips on how to make the process easier.

To speak to a family lawyer about consent orders call us on 1300 907 335 or otherwise please complete our online enquiry form.

The professional development of our family lawyers matters greatly to us so that we can improve the service that our law firm provides to our clients. Our family lawyers are members of the Family Law Section of the Law Council. The Council seeks to influence the development and practice of family law in Australia and the also promote the professional excellence of family lawyers.