A Consent Order in Sydney is an order issued by the court to formalise an agreement that you’ve reached with the other party and make it legally binding. Once an agreement is reached, the court can issue consent orders that are legally binding, provided the agreement is just and equitable for financial matters and in the best interests of the children for parenting matters. This agreement can cover the division of property, such as your house, cars, and bank accounts, as well as arrangements for your children, including where they will live and how often they’’ll see each parent. Both of these aspects can be included in the same Consent Order. It’’s important to note that both parties need to agree on everything in the documents and sign off on them. Each order sought should be clearly specified and numbered, with exact dates, dollar amounts, and responsibilities stated without ambiguity to ensure approval. While it’’s not mandatory to use a lawyer or seek legal advice, it’’s generally a good idea to do so to understand your entitlements and ensure that the orders accurately reflect your agreement. Proper documentation and using the official Federal Circuit and Family Court of Australia website can help minimise legal costs.

it generally takes about 4 weeks from the time you submit your documents to the Family Court until the Consent Orders are finalized and made available. You can access the Consent Orders online with the court seal on them. Once available, you can download and send them to relevant organizations, such as conveyancers for property transfers or schools that require family court orders for registration.

further information can be found in our post How long do consent Orders take?

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 outlineing your agreement
3. Notice of risk with only required with patrenting orders.
4. Letters to superannuation funds requesting splittting 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.

If you and your ex-partner have reached an agreement and want the court to make it official, you need to file an ‘Application for Consent Orders’. You can download this form from the court’s website. When completing the form, you’ll need to disclose all your assets and liabilities, regardless of when you acquired them. This is because the court needs this information to ensure that the outcome is fair. It’s important to complete the form accurately, as any mistakes could lead to additional requests for information from the court. Having a solicitor prepare the form for you can be helpful. Properly completing the form also ensures that both parties understand each other’s financial situation.

Parenting Orders are legally binding court orders that set out the arrangements for the care and welfare of children after their parents separate. They are made by the Federal Circuit and Family Court of Australia and are enforceable by law

The process of obtaining Consent Orders in the Sydney Federal Circuit and Family Court of Australia is commonly used by separating parties who have reached an agreement, either about the division of their assets, or the care arrangements for their children, sometimes both. Consent Orders requires you and your former partner to come to an agreement. You can’t make an application for consent orders without the other person’s agreement. Obtaining consent orders is far less expensive, time consuming and stressful that asking the Court to make orders for you after a contested hearing. Consent Orders, when prepared properly, will set out what is to happen with each asset and liability that the two of you have. If you’re going to keep your car, there’ll be an order that says that. If your former partner is going to buy your interest in the house and pay you some money, there’ll be an order that says that too. If you’re doing parenting orders, the orders will set out exactly where the children are going to be, both week by week and on special occasions that the two of you have mapped out together.

The ‘Form 11’ is the Application for Consent Orders filed in the Family Court of Western Australia. It provides an overview of you, your former partner, and any children, along with your assets and liabilities. It is necessary for seeking Consent Orders related to property settlement or parenting arrangements. The form outlines the division of assets and liabilities, which must be just and equitable for the Court to approve. Accuracy and completeness are crucial for the Court to make a fair determination.

If you and your former partner agree on how to divide your assets and liabilities after a separation, you can formalize that into ‘consent orders’. These orders have the same legal effect as court orders but are based on your agreement. You need to draft the orders and have both parties sign them before they are lodged with the Court. It’s best to have an experienced family law practitioner help you draft the orders. Consent orders can be useful for transferring property and splitting superannuation without incurring stamp duty implications.

The process of obtaining a divorce and obtaining consent orders are different. A divorce means you are no longer married, while consent orders involve reaching an agreement on asset division or child care arrangements. Consent orders have the same legal effect as any other court order, but they are based on an agreement between the parties and not on a judge’s decision after a contested hearing.

When separating, if you and your former partner have very different superannuation balances, you may want to consider obtaining ‘superannuation splitting orders’. You can do this by agreement and by filing an Application for Consent Orders with the Federal Circuit and Family Court of Australia. Before seeking the Court’s approval, you first need to obtain approval from the superannuation fund involved. It’s important to have a solicitor experienced in family law draft the orders, as super funds can be particular about the wording. Importantly, the funds generated by a superannuation split must be deposited into your own superannuation fund or a new fund set up in your name.

When parties separate, one may have more superannuation. You can get a court order to transfer a portion of one party’s superannuation to the other’s fund. If both parties agree, they can decide how much to transfer. It’s important to notify the super fund before seeking the court order. The order must comply with specific wording required by the super fund.

After submitting your Application for Consent Orders to the Federal Circuit and Family Court of Australia, it typically takes around three to four weeks for the application to be scheduled and decided upon. If approved, the orders are usually available for download from the Commonwealth Court Portal the next day. Neither party is required to attend court when the matter is decided. Delays can occur due to various reasons, but if both parties are ready and motivated, the process can take as little as three to four weeks from start to finish.