How Kate Austin Family Law can help you
- Responsive. You get an instant online quote that covers every application.
- Fast. Our Consent Orders will be prepared in 24Hrs at a fixed fee.
- Reasonably priced. You can obtain a Property Settlement from $2455
- Transparent. Our Consent Orders are all Fixed Fees
- Professional. We are Accredited Specialists in family law (NSW and QLD).
- Easy to deal with. We offer you a fully remote service with Rachel and Brendan.
- Comprehensive. We complete every step of the process – Application for Consent Orders and Minute of Order.
- Respectful of your wishes. There will be no further negotiation between parties – we just draft your agreement with no interference.
- All documents are digitally signed reducing delay.
Fixed Fee, Full-Service Consent Orders from $2970 – Property Settlement
Whether you need an agreement that handles all aspects of a Property Settlement regardless of the assets involved, We can complete superannuation splitting orders at the same time. We can prepare everything for you and get an exact quote right now (including court costs), and we’ll guarantee your price for the next 6 months.
Fixed Fee Parenting Orders – $2420 plus court fees
Kate Austin Family Law will prepare Parenting Orders to make your parenting plans legally binding in just 24 hours. We are Accredited Specialists in Family Law with over 20 years of experience in creating legally binding Consent Orders across Australia. We will follow your instructions to the letter to ensure we document your agreement.
Fixed Fee Property and Children’s Consent Orders – $3740 plus court fees.
What is a Consent Order?
A Consent Order in Family Law is an agreement between two parties in a domestic relationship. The agreement is presented to the Family Court to be formalised without the parties having to attend the Family Court. The application for Consent Orders can include property settlements or Parenting agreements.
The Orders include two documents—the Application and the Minute of Order. The application for Consent Orders includes all the personal details of the parties as well as the financial details relating to the proposed property settlement. The “minute of order” details the agreement in written terms or orders.
If the Family Court approves your agreement, they are legally binding.
For a property settlement, the Family Court employs a principle known as’just and equitable.’ This principle is applied by Family Court registrars to ensure that the agreement is not only fair but also consistent with previous Family Court judgements, providing you with a sense of reassurance and confidence in the process.
Parenting Orders are guided by the crucial ‘best interests of the Children’ test. This test is designed to ensure that children’s needs are always prioritised over the needs of adults, giving you the peace of mind that your children’s welfare is at the forefront of the decision-making process.
We can lodge Applications for Consent Orders without an existing application in the court or finalise a current matter in the court.
How Long Do Consent Orders Take?
There are two stages in the Consent Orders process and no rule on how long each takes.
- Drafting and preparing your Consent Order
Kate Austin Family Law drafts your Consent Orders in 24 hours, and any changes also take 24 hours.
If you require a superannuation splitting order, the fund has 28 days to respond and approve your proposed Consent Order.
We retain a list of funds approval times and their direct contacts to speed this step up.
2. The Family Court.
The Family Court’s time to approve a Consent Order depends on several factors, but this outcome has no rule.
Consent Orders filed with the Family Court are sent to the national centre and then allocated to various registrars around Australia. The Family Court registry (we think) allocates Consent Orders to even the time frames out.
Timeframes seem faster early in the school terms and longer coming into Christmas.
Children only matters can be faster.
Kate Austin maintains a file on the time taken for each matter and quotes estimated time frames based on the last thirty matters we have completed. On average, since the amalgamation of the Family Court Consent Orders, it takes 18.2 working days to approve Consent Orders
Who will you be working with?
Rachel
Rachel is an Accredited Specialist in Family Law recognised in both Queensland and NSW.
Rachel manages all the legal aspects of your matter
- Looking at all initial information supplied and ensuring compliance with the Family Court
- Drafting application. minute of order, Notice of Risk and superannuation correspondence.
- All Aspects of the Family Court Portal and discussions with the Family Court.
- Assists with any requestions if required.
Brendan
Brendan will be the first person you speak to about your Consent Orders,
You will have a general discussion about your matter and if it’s mutually suitable for our firm.
- You will discuss our role in the process.
- How would your agreement probably be drafted by Rachel?
- The timing and cost of your Consent Orders.
- The process to move forward
- Collection of all your information to draft your agreement.
Can You assist both of us – Can we just have one lawyer?
- Yes, we can, but only under strict conditions. We act as a neutral party – always. We only work with amicable parties who know what their agreement is and are focused on a quick resolution without conflict. This works well for some parties but only for those parties that work within our scope of work.
- Kate Austin does not represent either party. We are a neutral service engaged to draft your agreement.
- Each party can obtain their own legal advice; if they are unsure, they should do so.
- No Negotiations between either party. Our job is to document your agreement
- We do not get involved in disputes or change your agreement
- We are happy to have joint discussions and emails as both parties agree with these principles.
The 7 things to know before you call call us about Consent Orders.
We have a strict non-conflict policy – We are family lawyers who won’t fight.
We have consciously decided not to get involved in any disputes between parties. After 25 years of Family Law, we feel we have “done our bit” with conflict. Suppose you do not have an amicable relationship with your former partner. In that case, we are not a suitable firm to assist you. If you call us, we will say we are “too old and too tired to fight”. Perhaps not too old, but we certainly have better things to focus our energy on than fighting.
2. We do not interfere with your agreement.
Our clients have taken the time to agree amicably. While this may happen quickly for some, it doesn’t for others. We respect the effort that you have taken to finalise your situation. So long as we believe that your “agreement is fair” and as we act as a neutral party, we will never advise one party to change the agreement. We do not offer independent legal advice.
3. We work with amicable parties. – we don’t represent either of you.
As a neutral third party, we do not represent either party. We do not offer legal advice but rather procedural advice. Each party is free to seek legal advice if they wish. We encourage parties to seek independent advice if there is any uncertainty.
We specialise in amicable separations.
It should also be noted that parties are not required to obtain independent legal advice with consent orders. Once again, clients are free to do so if they wish.
4. We only do Consent Orders.
We only work with clients to draft consent orders. We do not dabble in anything else, and we do not engage in litigation matters. We do not draft Binding Financial Agreements or prenuptial agreements or offer any other services. We do divorce applications, but only for our clients.
5. We are a national service.
We assist clients all over Australia and, in fact, the world so long as their matter can be determined in the Australian Family Court. Family law is a national law governing all Australians equally. The same rules apply in all states ( with some exceptions in Western Australia). Your consent orders can be determined by a registrar within any state (except Western Australia). We have offices in Sydney, Melbourne, Canberra & Brisbane, contact us today for your quote.
6. We only offer fixed fees.
For simplicity, we only charge fixed fees, avoiding confusion and eliminating a potential dispute over fees. We advise our fees in advance and provide you with a trust account request for that amount. That money will remain in your trust account until the matter is finalised. Then we will pay your account usually a week or two later. Fixed fees avoid potential conflicts.
7. We will only accept your matter if we believe it’s “just and equitable”.
We complete quite a few hundred matters each year. We are proud that we have never had a matter ejected by the Family Court. We can never guarantee what the court will decide; however, after 25 years of Family Law, we can select matters that the Family Court will approve.
Associations of Which We’re Part
8 Most searched questions on Consent Orders - Google
- There is no practical difference between a Consent Order and a court order, except that a Consent Order is made between the parties.
- Court orders can be made with or without consent. They are often made in the case of parties in the Family Court who are involved in court proceedings that either advance the case or dictate to the parties what they must do.
You can read our full post here
The Family Court typically takes 2 – 4 weeks to approve consent orders, depending on time of year and registry.
Kate Austin Family Lawyers provides a current estimate based on how our recent matters have progressed.
Court fees are currently $195 (no GST)
Legal costs vary depending on how involved your lawyer is and if you have a fixed fee.
Please feel free to have an instant quote emailed to you
A Minute of Consent is the second document that outlines the agreement in legally enforceable language and outlines all aspects of the agreement.
All orders are specific in terms of the asset referenced and actions required by each party, with associated timeframes and contingency steps if one party fails to comply.
Consent Orders are determined by the Family Court, but Binding Financial agreements are not.
Consent orders must considered fair, ” just, and equitable by the Family Court. Binding financial agreements do not.
Consent Orders do not require legal advice; however, binding financial agreements do.
Consent Orders are considered more enforceable.
Please feel free to read our post on this topic.
- For property Consent Orders, the idea is to end the financial relationship between the parties, and for parenting Consent Orders to avoid repeat court proceedings.
- If you can prove that there has been a miscarriage of justice, the court may overturn court orders made by consent, or if circumstances have arisen that make it impracticable for the orders to be carried out, the court may make a different order instead.
- The court may make another Order in substitution for an existing Consent Order if exceptional circumstances have arisen since the making of the Orders. However, unless you fall within those limited circumstances, it will be difficult to have your Order overturned.
- You can read our post here
- A Consent Order does not need to be signed by a solicitor, in fact neither party is required to obtain independent legal advice in relation to proposed Consent Orders before signing off on them.
- Each party must obtain independent legal advice prior to signing off on a Binding Financial Agreement, and the solicitor must sign a certificate indicating that they have given advice to their respective clients about the agreement and its advantages and disadvantages.
- Although a solicitor does not review Consent Orders prior to their being filed, it is a good idea for parties to have legal advice .You can read our post here
Questions on Consent Orders?
Having practiced family law for 25 years, we know all the ins and outs. Many clients have questions about how Consent Orders and other financial agreements work in their particular situation. If you’d like to know how these agreements help you move on with life, get in touch and schedule a free, no-strings-attached chat.
Why People Choose Kate Austin for their Consent Orders.
01
We are experienced.
We have over 25 years of experience in family law. Since moving to amicable Family Law, we have completed 2650 Family Law agreements approved by the Family Court. (January 2024) We have direct contacts in superannuation Funds for superannuation splitting orders. On file, we have 157 superannuation funds approved court orders. We have an extensive support network of valuers, actuaries, accountants, financial planners, and mortgage brokers who are able to assist clients.
02
We are very focused on client service.
As a small business, we need to earn people’s trust. We do this by doing what we say we will do and when we say we will do it.
03
Our fees are always fixed.
To avoid conflict, we are very transparent with our fees. You are provided with a fixed fee agreement and the terms of our service. Please have a look at our quote page to see how much we charge for your matter.
04
We are a neutral party.
We have made a conscious decision not to interfere with your agreement. Our job is to work with both of you to have your Consent Orders approved by the Family Court.
Questions we get asked on the phone about Consent Orders?
The Family Court cannot change your agreement. It can only accept or reject the proposed orders submitted by you. If you submit proposed consent orders, they will always remain unchanged regardless of the decision by the court in relation to “just and equitable”.
We take comprehensive instructions from you about the agreement that’s been reached. We then draft your agreement into a document called “Draft Consent Orders” which is based on a format that the court will accept. We also prepare another document called the “Application for Consent Orders”, which has to be filed with the court along with the draft orders. We then send them to you for approval. If you need any changes done, we’ll make them. If there is additional material that needs to go in, we’ll put that in.
There is provision in the fixed fee for the documents to be changed three times. We think we’ll get it right from our end the first time, but this allows you to change the agreement or modify it if you need to at no additional cost. Once you’re happy with the documents, we email them to you and give you instructions on how to sign them and how to file them.
No. You can make a Consent Order as soon as you separate.
In fact, it is recommended you attend to this sooner rather than later. Once a divorce is granted, you have a time limit of 12 months to seek an Order for property settlement, but there is no time limit that applies prior to this occurring.
Many couples attend to resolving their property matters within the first 12 months following separation, so that they may sever their financial ties and have some certainty as to their financial position moving forward. Future care arrangements for children are typically considered immediately following separation, as both parties usually want some stability for their children as soon as they are no longer together.
If you have been separated for 12 months, we can assist you with applying for a divorce for less than $300.00, depending on your circumstances. Please contact us if you’d like to discuss this further or go to our Divorce quote page for an immediate fixed fee quote.
Yes, Kate Austin Family Lawyers will complete the application for consent orders for you. We do this by asking you to complete two intake forms. The first requests your general information, and the second is about your assets and liabilities for a property. We will provide you with a draft which we ask you to look at. This includes all the calculations on how your agreement is presented to the Family Court. Once you are happy with the document we will send a final version for signing electronically. You will be requested to enter a code that we will provide you as proof of ownership. This will also Geo-locate you for validation purposes.
Once again, yes, we will draft the minute of the order for you. The minute of order is a written version explaining how your agreement will be implemented. From your intake forms, we will draft all the required orders concerning real estate, superannuation, investments, loans, cars, cryptocurrency or any other assets or liability you own.
In addition, each order will relate to all assets and all liabilities regardless of whether you are splitting them or not. They will also outline timeframes for each party to comply with ant action required of them. Contingency orders will also outline what happens if one party fails to complete any task required of them.
If you require a superannuation splitting order, you will need to make an application for consent orders. Superannuation funds will not split a fund without a Family Court order. Initially, we will draft your “minute of order” in accordance with your fund’s specific requirements. Different superannuation funds have different orders that they require.
Superannuation splitting follows this process.
- Draft proposed Consent Orders in accordance with your superannuation funds requirements.
- Provide a copy to the outgoing fund and allow 28 days for the fund to respond. This process is known as “procedural fairness”.
- Once you have signed your Consent Orders and application for Consent Orders and your fund has approved the Consent Orders, we submit this to the Family Court for approval.
- When your Consent Orders have been approved, we will send a certified copy to the fund instructing them to split the fund as agreed by you.
- We provide a Regulation 42 notice to the incoming member to provide the fund directions on which fund will receive the money.
The filing fee for an application for consent orders is $195. this fee is reviewed annually and generally changes on the 1st of July each year.
Yes, we do so long as we agree that your matter will be approved by the Family Court. Some matters will need to address issues of “just and equitable” – this is done by a process known as a requestion. For your matter to be not approved in this process, clients will need to complete this process. If we identify that your matter may not be approved by the family court in our initial correspondence, we cannot guarantee to Family court will approve it. Obviously, we are not liable for an agreement that is not just and equitable
All orders we draft and calculations made by us we guarantee. Any errors we make, we fix them without charge.
If you and your former partner have come to an agreement and want the court to make it official, you need to file two documents. One of them is called an ‘Application for Consent Orders’, which can be downloaded from the court’s website.
The application requires both of you to disclose all your assets and liabilities, along with their values, regardless of when they were acquired – before, during, or after the relationship. This information is necessary because the court needs to ensure that the outcome is fair for both parties.
The court can only determine if the outcome is fair when it has all the relevant information about the assets and liabilities of both parties. This helps the court see how the assets and liabilities will be divided and if the division is fair.
It’s crucial to complete the application correctly, accurately, and thoroughly. Many people find the form confusing, so it’s often helpful to have a solicitor prepare it for you. If the application isn’t prepared properly, the court may ask for additional information, which can be time-consuming and complicated. A properly prepared application also helps each party understand what the other party owns and owes, providing clarity about the agreement in monetary terms.
If you’re separating from your partner and have children together, formalizing your day-to-day caring arrangements through parenting orders can be beneficial. It changes your agreement into a legally binding document, ensuring both parties stick to the agreed terms without unilateral changes. It’s a good idea to involve a solicitor to draft the parenting orders, covering various aspects beyond just where the children live. This formalization can help address concerns about potential disruptions to the agreement, such as one party wanting to move away or re-partnering.
The ‘Form 11’ is used for applying for Consent Orders in the Family Court of Western Australia. It provides an overview of you, your former partner, and your children, as well as your assets and liabilities. It is necessary for seeking Consent Orders for property settlement or parenting arrangements. The form outlines the distribution of assets and liabilities and must demonstrate a fair and equitable outcome. Accuracy and completeness are crucial for the Court to make a determination.
If you and your former partner reach an agreement about the division of your assets and liabilities following a separation, you can formalize that into what are known as ‘consent orders’. These orders have the same effect as those made by the Court following a contested hearing and are just as legally binding and enforceable. You have to submit your own proposed consent orders with detailed instructions. It’s best to have an experienced family law practitioner draft them for you. Consent orders are necessary for certain actions, such as transferring property from joint names to one person’s name without stamp duty implications or splitting superannuation.
