Fixed Fee Consent Orders
What Do You Need Help With?
Fixed Fee, Full-Service Consent Orders from $2970 – Property Settlement
Fixed Fee Parenting Orders – $2420 plus court fees
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 needing the parties to attend the Family Court. The application for Consent Orders can include property settlements and 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 uses a principle known as ” Just and equitable.” This principle is a test the Family Court registrars apply to ensure that the agreement is fair and consistent with previous Family Court judgements.
Parenting Orders use the test “best interests of the Children”. This test is designed to ensure that children’s needs are more important than the needs of adults.
Your Application for Consent Orders can be lodged without an existing application in the court or can be used to finalise a current matter in the court or vary a matter that has been previously closed.
How Long Do Consent Orders Take?
There are two stages in the Consent Orders process and no rule on how long each takes.
1. Drafting and preparing your Consent Order
Kate Austin Family Law takes 24 hours to draft your agreement, and any changes also take 24 hours.
If you require a superannuation splitting order, the fund is allowed 28 days to respond with approval of 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 there is no rule to this outcome.
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 takes 18.2 working days to approve Consent Orders
The Seven things to know before you call Kate Austin Family Law
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.
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.
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.
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 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 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.
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
Questions on Consent Orders?
Why People Choose Kate Austin for their Consent Orders.
General Questions about the Consent Orders
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 will complete the application for consent orders for you. We do this by asking you to complete two intake forms. The first one requests your general information, and the second one is about your assets and liabilities for a property settlement.
Once again, yes, we will draft the minute of order for you. From your intake forms, we will draft all the required orders concerning real estate, superannuation, investments, loans, cars, cryptocurrency or any other asset or liability you own.
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.