Application for Consent Orders

Application for Consent Orders – Everything you need to know!

The “Application for Consent Orders” is a specific form used in the Federal Circuit and Family Court of Australia (FCFCoA) to formally request the Court to approve an agreement reached by separating parties (married or de facto) and make it into a legally binding court order.

It’s one of two crucial documents required for consent orders (the other being the Minute of Consent Orders, which contains the actual proposed orders themselves). The Application form provides the Court with the necessary background information, particularly the financial details of the parties, so the Registrar can assess whether the proposed orders are “just and equitable” (for property/financial matters) or “in the best interests of the child” (for parenting matters).

General Overview of Sections in an Application for Consent Orders:

The layout and numbering of sections of an application for Consent Orders might vary slightly over time as forms are updated, but the core information required remains consistent. The form is typically divided into several parts, designed to gather comprehensive information about the parties, their relationship, children (if any), and most importantly, their financial circumstances.

Here’s a breakdown of the common sections you would find in an Application for Consent Orders (referencing the Federal Circuit and Family Court of Australia’s current forms):

Part A: About the Parties

• Applicant’s Details: Full name, date of birth, occupation, contact address (address for service), and details of any legal representation.
• Respondent’s Details: Similar information for the other party.

Part B: About the Relationship

• Marriage Details: If married, date and place of marriage, and date of final separation.
• De Facto Relationship Details: If de facto, date relationship commenced, date of final separation, and details required to establish jurisdiction (e.g., length of relationship, children, contribution to property).
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• Divorce Information: If divorced, date and place of divorce, and date the divorce order became final (crucial for property settlement time limits).

Part C: Other Cases and Orders

• Details of any other existing court cases or orders that involve the parties or children. This helps the Court understand the complete legal history.

Part D: About the Children (if applicable)

• This section is mandatory even if you are only seeking financial orders, as the Court needs to understand if there are any children under 18.
• Details for each child under 18: full name, DOB, gender, and their relationship to each party.
• Current living arrangements and primary caregiver.
• If parenting orders are sought:

• • Information about family violence, abuse, or risk concerns (a mandatory notice must also be filed).

• • Reasons why the proposed parenting orders are in the child’s best interests, addressing specific considerations like equal or substantial and significant time, if applicable.

Part E: Orders Sought (Summary)

• This section confirms what type of orders are being sought (e.g., parenting, property, spousal maintenance, or a combination). It usually refers to the accompanying “Minute of Consent Orders” which contains the full text of the proposed orders.

Part F: Financial Statement / Financial Information (Crucial for Property Orders)

• This is one of the most critical sections for property settlement consent orders, as it outlines the full and frank financial disclosure of both parties. The Registrar heavily relies on this information to assess the “just and equitable” nature of the proposed property division.
• Assets: Detailed breakdown and current values of all assets, including:

• • Real Estate (address, ownership, estimated value, mortgage details).

• • Bank Accounts (institution, account number, balance).

• • Vehicles (make, model, year, estimated value, loan details).

• • Superannuation (fund name, member number, current value, type of interest).

• • Shares, investments, trusts, businesses.

• • Jewellery, furniture, household items (often a broad estimate).

• • Any other significant assets.

• Liabilities: Detailed breakdown of all debts, including:

• • Mortgages.

• • Credit Card Debts.

• • Personal Loans.

• • Car Loans.

• • Tax Debts.

• • Any other significant liabilities.

• Financial Resources: Details of any financial resources not included in the asset list that could affect a party’s future needs (e.g., an interest in a trust they don’t control, potential inheritance).
• Income: Information on gross and net income from all sources (employment, Centrelink, and investments).
• Expenses: A summary of regular living expenses.
• Source of Funds: Information about how assets were acquired and contributions made to the relationship (e.g., initial contributions, inheritances, gifts).

Part G: Relevant Circumstances for Property/Maintenance (Section 75(2) and 90SF Factors)

• This section requires parties to provide information  about the specific circumstances that support the proposed property division or maintenance order. It addresses the “future needs” factors (e.g., age, health, earning capacity, care of children, ability to gain employment, responsibilities  to support others, standard of living, duration of relationship, any child support paid or received). This helps the Registrar understand why the proposed division is considered “just and equitable” given each party’s circumstances.

Part H: Other Orders (e.g., binding third parties)

• Details if any orders are sought that would bind a third party (e.g., a superannuation fund, a company, a trustee). If so, the third party must also consent and provide relevant information.

Part I, J, K, L, M, N (or similar): Statements of Truth and Legal Advice

• Statements of Truth: The Applicant and Respondent must sign a “Statement of Truth” or “Affidavit” declaring that the information provided in the application is true and accurate. This declaration is very  serious and underscores the duty of full and frank disclosure.
• Statement of Independent Legal Advice: If parties have received legal advice, their lawyers will often sign a section confirming they have advised their respective clients about the effects of the orders and the agreement. While not strictly mandatory for the Court to approve consent orders, it is highly recommended and often required for a Binding Financial Agreement.

Attachments:

• The application also requires various attachments, such as:

• • Minute of Consent Orders (draft orders): This is the actual agreement you want the Court to formalise.

• • Marriage Certificate (if applicable).

• • Divorce Order (if applicable).

• • Birth Certificates of children (if parenting orders are sought).

• • Evidence of superannuation value (e.g., latest member statement, Superannuation Information Form).

• • Valuation reports for property or businesses (if applicable).

• • Any existing court orders or agreements that are being varied or discharged must be attached.

Importance of the Application Form:

The Application for Consent Orders is an important document. It is the primary document that provides the Judicial Registrar with all the information they need to assess the fairness and legality of your proposed Consent Orders. If you provide incomplete or inaccurate information in this form, it will be requisitioned or rejected by the Court.