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Consent Orders Brisbane

Fixed Fee Consent Orders Brisbane

Property Settlements from $2970

Amicable Consent Orders for Brisbane and Queensland clients in 24 hours

Why do you need Consent Orders?

  • You are entitled to a Stamp Duty Exemption on a transfer.
  • You have agreed on a Superannuation Splitting Order.
  • Your Consent Orders have been rejected by the Family Court.
  • Your Bank has requested it for pre-approval on a refinance.
  • You want to prevent any future claims in the future.
  • To make a parenting plan legally binding in the future.

Kate Austin Family Law is a specialised Family Law firm with over 30 years of experience. We are Accredited Specialists in NSW and Queensland. We provide Consent Orders for Brisbane and Queensland at a fixed fee. No matter where you are in Queensland, we can deliver your Consent Orders in 24 hours.

Important Points

  • We do not negotiate between parties and commit not to interfere with your agreement.
  • We have a strict non-conflict policy. We only work with amicable clients.
  • Our job is to work with both parties to make your agreement legally binding in the Family Court.
  • If you have an agreement and would like to discuss your situation, we are happy to have an informal discussion at no fee. – Let’s Talk 
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Consent Orders Brisbane

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About Kate Austin Family Lawyers

  • We do not negotiate between parties, We don't take sides
  • If there is a dispute between the parties, we will not get involved.
  • Our fees are always fixed before we start your matter. There is no dispute about your fees.
  • Once we have submitted your intake forms information we will draft your Consent Orders in 24Hrs
  • We will give a general opinion on your agreement "Is it Just and Equitable"
  • Our service is all remote, so your location in Queensland or the world does not really matter
  • If we don't think your matter will be accepted by the Family Court we will tell you. n
Consent Orders Brisbane

We draft Consent Orders without any conflict?

  • We are a non-conflict Family Law firm.

Kate Austin Family Lawyers only work with amicable clients. We do not take sides, we do not negotiate between parties, and we do not get involved in disputes. We work with both of you to have your agreement approved into Consent Orders.

  • We do not negotiate between parties.

Our role is to act as a neutral party; we do not take sides. We will not offer advice to one side over the other. If clients would like that service, they should seek it out. This will need to be done by another lawyer.

  • We are happy to talk to both parties in a joint call.

Again, we are a neutral party. We do not represent either party, and we only accept instructions jointly. In joint calls, we only offer professional advice on Consent Orders such as timing, cost, the structure of your proposed agreement, Family Court process and If it’s a matter that is suitable for our service.

  • We only have fixed fees.

All fees are disclosed upfront, agreed to, and placed in our trust account before we start. Our fees for Consent Orders in Brisbane are always fixed. Quotes can be generated instantly online by selecting the ‘Instant Quote’ button. Consent Orders in Brisbane and Queensland are the same no matter your location.

  • We have your first draft ready in 24Hrs.

We will tell you the day we are drafting your agreement. They will be available that evening. We ask that someone be available to assist if required. The reason we work this way is that it’s more efficient to work on one matter at a time.

  • All documents are signed electronically (DocuSign)

Regardless of where you or your former partner are located, you can easily and quickly sign your orders. We have many clients’ interstate and overseas, so electronic signatures suit their requirements perfectly.

What Do You Need Help With?

Whatever stage of life you’re passing through, we can document and finalise a legal arrangement to help you find certainty.

Property Settements

Parenting Orders

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Property Settlement in Brisbane and Queensland.

Fixed Fee, Full-Service Consent Orders from $2970 – Property Settlement

Property Settlement at a fixed fee. Our fees include all elements of a property settlement. Download a quote, and we will guarantee you our fees for the next six months. All Consent Orders in Brisbane and Queensland are charged at the same rate regardless of property values.

*Fees are for both parties and include GST 

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Key Advantages of Consent Orders

Consent orders offer significant advantages in a property settlement in Queensland because they provide a legally binding, flexible, and cost-effective way for separating couples to formalize their agreement without the stress and expense of court litigation. They are a powerful tool for achieving a final and enforceable settlement.

Key Advantages of Consent Orders

  • Legally Binding and Final: Once approved and sealed by the Federal Circuit and Family Court of Australia (FCFCOA), a consent order has the same legal force as if a judge had made the order after a trial. This provides certainty and finality, preventing future claims related to the property settlement.
  • Avoids Court Litigation: The most significant advantage is that consent orders allow you to resolve your dispute without going to court. This saves a tremendous amount of time, money, and emotional stress, as contested court cases can be lengthy, complex, and adversarial.
  • Cost-Effective: By avoiding litigation, you reduce legal fees, court fees, and the costs associated with attending hearings. While there’s a fee to file the application, it’s a fraction of the cost of a full court case.
  • Flexibility and Control: Consent orders give you and your ex-partner control over the outcome. Instead of a judge making a decision based on the law and evidence presented, you can negotiate and agree on a settlement that works for your unique circumstances.
  • Tax and Stamp Duty Benefits: A legally binding consent order can provide exemptions or “rollover relief” from stamp duty and capital gains tax (CGT) on the transfer of property between parties. An informal agreement doesn’t offer these benefits, which can result in significant savings.
  • Enforceability: If a party fails to comply with the terms of a consent order (e.g., refuses to transfer a property or a sum of money), the other party can use the order to enforce the agreement through the court. An informal, unsigned agreement is generally not enforceable.
  • Superannuation Splitting: A consent order is one of only two ways to split superannuation interests in Australia legally. Without a court order or a valid Binding Financial Agreement, superannuation cannot be formally divided.
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What is the difference between a BFA and Consent Orders in a Property Settlement

The Key Differences Summarised:

FeatureBinding Financial Agreement (BFA)Consent Orders
Cost 8-15K3-4K 
Court Approval required Not requiredRequired (court assesses if “just and equitable”)
Legal Advice required Mandatory for both partiesHighly recommended, but not strictly legally required for filing
FlexibilityMore flexible, less court scrutiny at creationLess flexible, subject to court’s “just and equitable” test
EnforceabilityEnforceable, but may require litigation if breachedDirectly enforceable by the court
Scope / Areas of Family Law Primarily financial/propertyFinancial/property AND parenting matters
PrivacyNot disclosed by layers Not disclosed by the Family Court 

Which one to choose?

Your best option depends on your specific circumstances, priorities, and the level of agreement and trust between the parties.

  • Consent Orders In Brisbane are generally preferred if you want the certainty and enforceability that comes with a court-approved agreement, particularly if there are parenting matters to be resolved alongside financial ones, or if there’s a higher risk of one party not complying with the agreement.
  • Binding Financial Agreements may be considered if you prioritize privacy, desire greater flexibility in structuring your agreement (perhaps with terms that might not strictly adhere to the court’s “just and equitable” principles but are agreed upon by both parties), or if you want to make arrangements before a relationship breaks down (e.g., a pre-nuptial agreement).

In either case, it is crucial to seek independent legal advice from a qualified family lawyer to ensure that the agreement is appropriate for your situation, legally sound, and that you understand your rights and obligations.

The process of getting Consent Orders.

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Stamp Duty Exemptions in Brisbane Queensland

The Process for Claiming the Exemption in Queensland:

The exemption for transfer duty in Queensland on property transfers arising from family law Consent Orders (or Binding Financial Agreements) is typically claimed through a self-assessment process via the Queensland Revenue Office (QRO) online portal.

Here’s a general outline of the process:

  1. Obtain a Sealed Court Order (Consent Orders):
    • This is the fundamental requirement. The Consent Orders, approved and sealed by the Federal Circuit and Family Court of Australia, must clearly specify the property to be transferred, the parties involved, and that the transfer is pursuant to the property settlement.
  1. Prepare Transfer Documents:
    • A Form 1 Transfer (from Titles Queensland) is prepared for real estate.
    • Other relevant documents depending on the asset (e.g., vehicle transfer forms).
  1. Complete a Dutiable Transaction Statement (Form D2.2):
    • This form is crucial for claiming the exemption. You must tick the relevant box indicating that the transaction is exempt under the Family Law Act (e.g., s. 90, 90L, or 90WA).
  1. Self-Assessment via QRO Online:
    • A conveyancer or solicitor typically processes property transfers through the Queensland Revenue Office’s (QRO) online self-assessment system.
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Stamp Duty Exemptions in Queensland

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Stamp duty Exemption in all states

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Current Posts about Consent Orders in Brisbane

Parenting agreements consent orders Brisbane

Fixed Fee Parenting Orders – $2470.00 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 25 years of experience.

*Fees are for both parties and include GST

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Questions about Parenting Orders?

Kate Austin and Parenting Plan v Consent Orders in Brisbane

Comparison Table: Brisbane Consent Orders vs. Parenting Plans

FeatureConsent OrderParenting Plan
Legal StatusLegally binding court orderNot legally binding
EnforceabilityYes, can be enforced by the CourtNo, cannot be enforced by the Court
CostFiling fee required (plus potential legal fees)No court fees; can be done at low or no cost
FlexibilityLess flexible; difficult to changeHighly flexible; can be changed at any time by mutual agreement
ScopeCan include parenting, property, and superannuationLimited to parenting arrangements only
Tax BenefitsCan provide stamp duty and CGT relief on property transfersNo financial benefits
ProcessFormal application to the FCFCOAInformal, private agreement
Court OversightYes, a registrar reviews the orders to ensure they are in the children’s best interestsNo, the Court is not involved in the creation of the plan
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Consent Orders v a Divorce, What is the difference?

 

Key Differences Between Consent Orders and Divorce

 

FeatureDivorceConsent Order
PurposeTo legally end a marriage and allow parties to remarry.To formalise a legally binding agreement on property and/or parenting matters.
RequirementsSeparation for 12 months and 1 day.Full and frank financial disclosure and a mutual agreement. The court must be satisfied the orders are “just and equitable.”
Legal EffectEnds the marriage.Creates a legally enforceable agreement with the force of a court order.
ScopeDoes not deal with property or children.Can deal with property, finances, superannuation, and parenting.
TimingCan be applied for only after 12 months of separation.Can be applied for at any time after separation, even before a divorce is filed.
RelationshipThe divorce and the consent order are completely separate applications to the Federal Circuit and Family Court of Australia.You can file for a divorce before, at the same time as, or after you finalise your consent orders.

Consent Orders v Parenting Plan

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Consent Orders v Divorce

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Rejected Consent Orders in Brisbane

Here is a breakdown of the key reasons why the Brisbane Family Court may reject consent orders related to property and financial matters, along with the basic principle of eeach one:

Core Principle: “Just and Equitable”

  • The Family Court must be satisfied that the proposed agreement on the division of assets and liabilities is “just and equitable” (fair) in the circumstances of both parties.
  1. Contributions to the Relationship:
  2. Future Needs of the parties:

Common Reasons for Rejection (Related to “Just and Equitable”):

  1. Incomplete Financial Disclosure:
    • A critical reason for rejection is the lack of “full and frank financial disclosure” (complete and honest disclosure) from both parties.
  2. Any form of non-disclosure or partial disclosure will not be tolerated and will lead to the rejection of the consent orders.
  3. Superannuation Orders:
    • It is imperative that the correct process for superannuation orders is followed correctly, and any deviation or incomplete disclosure will lead to the rejection of your Consent Order. Specific procedures and valuations are required for superannuation splitting orders.
    • Failure to follow these procedures or provide a valid valuation can result in rejection.
    • The superannuation trustee must also be given procedural fairness.
  4. Unenforceable Orders:
    1. Orders that are not drafted in a way that makes them legally enforceable, for example, if they are too vague or if they do not comply with legal requirements, may be rejected. 
    2. Discrepancy in Documents:
    • The proposed orders (Minute of Consent Orders) must be consistent with all the information provided in the Application for Consent Orders. Inconsistencies will lead to rejection.

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Rejected Consent Orders
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Family Law Rejected Consent Orders

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Are Consent Orders Legally Binding?

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Associations of Which We’re Part

As experienced family lawyers, we’re also a member of Australia’s leading law associations.
Kate Austin Family Lawyers
Rachel Stubbs Accredited specialist in Family Law
qld law society accredited
Family law section law council of Australia - Kate Austin Family Lawyers
Family Law Practitioners Association - Kate Austin Family Law

Who will you be working with?

Rachel:

Rachel is an Accredited Specialist in Family Law recognised in both Queensland and NSW. Rachel is located in Brisbane 

Rachel manages all the legal aspects of your matter

  1.  Looking at all initial information supplied and ensuring compliance with the Family Court
  2. Drafting application. minute of order, Notice of Risk and superannuation correspondence.
  3. All Aspects of the Family Court Portal and discussions with the Family Court.
  4. Assists with any requestions if required.

Meet Rachel

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Brendan:

Brendan will be the first person you speak to about your Consent Orders. Brendan is located in Brisbane

You will have a general discussion about your matter and if it’s mutually suitable for our firm. 

  1. You will discuss our role in the process. 
  2. How would your agreement probably be drafted by Rachel?
  3. The timing and cost of your Consent Orders. 
  4.  The process to move forward
  5. Collection of all your information to draft your agreement.

Meet Brendan

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Five Common Questions we are always asked?

1. Can you work with both parties? - Yes We Can

  • We do not represent either party in this process.
  • Each party can obtain their own legal advice; if they are unsure, they should do so.
  • We do not negotiate between either party.
  • We only document your agreement.
  • We do not get involved in disputes
  • We are happy to have joint discussions and emails as both parties agree with these principles.

2. How long does the process take?

  1. When we have your intake forms, we will generally have your first draft ready in 24hrs.
  2. Once you have your first draft, any changes will be made within 24 hours.
  3. When you are ready to sign your documents, we will provide you with an electronic signature solution with access codes via your mobile.
  4. Once both parties have signed, we will submit your application for Consent Orders and “minute of order” to the family court under our court portal.
  5. The court may take up to 6 weeks (Generally 3-4) to approve your Consent Orders.

3. Can the Family Court change our Consent Orders? They can not.

No, when you present your application for consent orders and the proposed agreement, you ask the Family Court to either accept the proposed Consent Orders or not. They will not make a decision to change your agreement without your consent.

4. What is “just and equitable” in Consent Orders?

“Just and equitable” involves the concept of fairness in the agreement between the parties.

This is a very complex question, and it involves lots of variables. These may include.

  • Length of the relationship
  • Contributions during the relationship
  • Children’s age and health
  • Parties’ age and health
  • Any future needs a party may have.

While we do not provide legal advice to parties, we have made a decision that we will only work with parties that have come to an agreement that we believe the Family Court will accept as just and equitable.

From our observation, people working together in good faith come to fantastic agreements. They do this not because they are told what the court expects or a lawyer has told them what to do but because they act out of respect for their former partner.

5. Can you provide legal advice to our agreement?

We do provide individual advice about Consent Orders. Our role is to draft the agreement that you have come to, not to create tension between the parties.

What documents does Kate Austin prepare?

In order to submit your Consent Orders to the Family Court, we prepare all the necessary documents. The following are among them:

  1. Application for Consent Orders – Required for all matters
  2. Minute of Order – The written document outlining your agreement
  3. Notice of risk is only required with parenting orders.
  4. Letters to superannuation funds requesting splitting approvals
  5. Letters to the court as required
  6. Letters to actuaries for defined benefit superannuation.
  7. Any other correspondence as required by your matter.

Contact Us

    Kate Austin Family Lawyers

    • Head office:
      Level 54, 111 Eagle Street Brisbane QLD 4000
    • Sydney office:
      Level 36, 1 Farrer Pl Sydney, NSW 2000
    • Melbourne office:
      Suite 805 , Level 8, 220 Collins street Melbourne, VIC 3000
    • Office Hours:
      Monday – Friday: 9AM – 5PM

    Or Request a Phone Call