Consent orders in Brisbane, Queensland, News South Wales, Victoria and Australia-wide

If separating parties can reach agreement about the division of their assets, known as a property settlement, and the future arrangements for the care of their children, the agreement can be recorded in a written, formalised document. Once signed by both parties, it can then be filed with the Family Court of Australia and the Court will make court orders or consent orders in accordance with the agreement reached, making the agreement legally binding.

Our belief and experience shows that parties are likely to be far happier and far more likely to comply with an agreement they’ve reached themselves than a set of court orders imposed upon them by a Judge. It’s also often advantageous, both financially and personally, to negotiate a settlement and avoid going to court.

Our offices regularly provide advice and assist clients who have something close to an agreement either it’s prenuptial or related to any cause. We work with them to the stage where this agreement can become an order made by the Court. The significant benefit of orders made by consent is that the agreement reached by the couple is then legally binding and enforceable. Another advantage is that consent orders can be made without either party having to attend Court at any time.

You can avoid the cost, stress and delay associated with court by obtaining advice from us about the steps associated with negotiating, and then implementing, a consent order. If you’d like to find out more for yourself, you can download our free guide below.

Your Free Guide to Everything You Should Know About Consent Orders

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Consent Orders can be an excellent alternative to drawn-out, expensive court proceedings while still providing you with legal protection in the event of separation or divorce. Fill out the form to download your free guide that makes it easy to understand the complexities of consent orders.

Consent Orders Aren’t Always a Simple Affair

When you try to get an informal agreement legally finalised, hurdles seem to stretch off into the distance. The paper trail is an endless task, and there’s no guarantee that your agreement covers every last thing. That’s why we help guide people like you through the Consent Order process quickly and safely, ensuring no detail has been missed and that an agreement that matches your wishes is finalised.

When you choose Kate Austin, this is the support you’ll receive for your Consent Orders.

Initial discussion about your agreement.
Continual updates on the progress of your agreement.
Access to our office to answer questions.
Creation and submission of your application to the Family Court.
Discussion with Rachel Stubbs (Accredited Specialist in Family Law) about your agreement.
Custom drafting of your agreement by Rachel Stubbs.
Suggested notations on your orders.

Draft consent orders for your approval in 48 hours.
Changes to your orders made within 24 hours.
Assistance in the signing process for your application.
Online submission of your application to the Family Court.
Answering any requisitions (if required) to the Family Court.
Posting original orders (registered post) to you on completion.
A certified copy of the orders emailed to you.
Guaranteed fixed fee as per the initial quote.

Talk to a Family Lawyer Who Understands Your Situation

Calling a family lawyer can be difficult. Clients reach out every week with the painful situations they’re going through. If you’re facing something like this and need help, don’t hesitate to get in touch or schedule an appointment where we can talk things over.

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Associations of which We’re a Part

As experienced family lawyers, we’re also a member of Australia’s leading law associations.

What are Consent Orders?

When two people separate, they often want to formalise an agreement they’ve reached around how to divide their financial assets or care arrangements for their children.

This is what a Consent Order lets them do. Or, in more legal terms: a Consent Order is made when two parties submit their proposed agreement to the Family Court of Australia or the Federal Circuit Court of Australia, and the agreement is sealed by the Court and made into a legally binding document.

Any agreement that becomes a Consent Order has the same legal effect as if the judge made the Order after a contested hearing. However, the big difference is that you don’t have to go through the expense and stress of the entire court process. In fact, you don’t even need to go to Court at all.

Consent Orders are an ideal way to finalise your financial ties with your ex-partner and allow you to move forward independently and with certainty.

Why would we formalise our agreement?

Formalising your agreement with a Consent Order means neither person can change their mind independently later on.

For parenting matters, it gives you certainty that you get to spend the time with your children that the orders say you will. Those orders can be enforced by the Court if someone doesn’t follow them.

For property settlements, the orders finalise and sever the financial relationship between parties. That means you can get on with your life, knowing that what you earn and accumulate after the settlement is indisputably yours.

Frequently Asked Questions

Do I have to attend Court?

If there are no children under the age of 18, you don’t have to attend court for the Divorce hearing. Also, if you’re making the application jointly with your former spouse, you don’t have to attend court either.

Five Reasons to Get a Consent Order

You’ve reached an agreement for your property settlement or the future care arrangements of your children. You know you should get it formalised, but that means getting a lawyer involved, and that means money. It’s taken time to come to an agreement with your ex, you’re busy, and you just don’t want to think about it anymore.

There are a few things which might make you give this decision a bit of further thought.

1. Stamp duty costs

If you’re planning to transfer the house from joint names to a single name, did you know that there are stamp duty implications? If you try to do this, the Office of State Revenue will charge you stamp duty on half the value of the property, being the half that’s going from one person to the other. If your house is worth $500,000, that’s going to cost you about $8750. If you have your agreement formalised by way of consent orders, you get an exemption from paying stamp duty. If you come to us, we’ll charge you $1595 to draft all the documents you need to get consent orders made without going to court. That’s a pretty big saving.

2. Super splitting

If you want to split up one party’s superannuation so some of it goes into the other party’s account, you can’t just agree to that and ask the fund to sort it out. They’ll want to see a court order which sets out how the superannuation split will be done, and in fact, they have to consent to that order being made. There’s no point reaching an agreement if you then find you can’t get the super fund to implement it for you. If you have your agreement about a superannuation split formalised by way of consent orders, the fund will sort out the split without a problem. If you come to us, we’ll charge you $1595 to get the super fund’s consent, and then draft all the documents you need to get consent orders made without going to court. You’ve done the hard work by getting to an agreement, don’t let something like this get in the way of getting everything finalised smoothly.

3. Opening old wounds

You’ve spent ages to-ing and fro-ing and you’ve finally come to an agreement with your ex that you can both live with. That’s the hardest part done. If you don’t formalise your agreement, there is little to stop one of you coming back, maybe in a few years’ time and seeking a formalised property settlement. The whole issue gets reopened. Any assets you’ve acquired post-separation are in the property pool and available for distribution between you. Your previous agreement might be relevant, but there might be reasons why the court is happy to revisit everything you thought was finalised. Formalising your property settlement means it’s settled once and for all. Everyone knows where they stand. Everyone gets on with their lives without wondering if assets they accumulate after separation will be looked at later on. We can formalise and finalise your property settlement for $1595. It’s worth considering for your peace of mind.

4. Looking after the kids

You and your ex have spent days (or even weeks) working out an arrangement you think will work well for your kids. Maybe you went to mediation and sorted it out that way. You’re pretty amicable and you don’t believe that formalising your agreement is really necessary. But what if things change? What if you’re the one doing all the drop-offs and pick-ups, only to see your former partner move ten suburbs away? What if your former partner finds someone new and suddenly they want to change weekends around so your kids spend time with the new partner’s kids? What if your ex wants to move interstate or even overseas with the kids? It’s great when things are friendly and you’re working together, but sometimes things get in the way. If you’ve had your agreement formalised into consent orders, any changes have to be negotiated. You get a say in that. One party can’t unilaterally change the orders and the kids’ routine without consulting you, like they can if it’s an informal agreement. We will formalise the future care arrangements for your kids for $1595. Yours’ or the kids’ circumstances may change in the future, but any changes to the orders will be made with your input.

5. Taking care of the future

You’ve got your agreement and everything is going well. You’ve divided up your property as agreed, and the kids are settling into the new routine. But what if something arises that you didn’t think of? What if a debt you forgot about suddenly surfaces. It’s in your name, but you both accumulated it. Or you want to take the kids on an overseas holiday, but your agreement doesn’t cover that. When you get a lawyer to put together your agreement, they think of these circumstances. They make sure no assets or liabilities are left out or forgotten. They draw your attention to things you might not have thought about, but which might arise down the track with your kids. We can formalise an agreement for property settlement or for the future care of your kids, ensuring nothing gets left behind or not considered. We charge just $1595 to draw up consent orders for either a property settlement or for future parenting arrangements (and we have a good deal for both). We think it’s the best price going around, but we definitely know it’s a lot less expensive than getting a lawyer involved if you’re having trouble trying to sort out problems down the track.

If this has given you a reason to rethink your decision not to formalise your agreement, take the next step and give us a call. We can talk you through the process, confirm the price, and get you started. If you’d like more information about our fixed fees, just click the button below…

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The Difference Between Consent Orders and a Binding Financial Agreement

Like Consent orders, Binding Financial Agreements set out how property and financial resources are to be divided upon the breakdown of the relationship. The advantage of a BFA is that it can be entered into prior to marriage, during a marriage, or after a divorce order is made, unlike consent orders which can only be entered into following separation.

The disadvantages, however, are as follows:

As the BFA is not required to be submitted to the Court for approval, if one party wishes to contest it at a later date, there is greater potential for the Court to declare the Agreement non-binding, or to set it aside
There are strict rules associated with Binding Financial Agreements, non-compliance with which can render the agreement unenforceable.

The approach of the courts to the relevant provisions of the Family Law Act which govern BFA’s and how they might be varied or set aside, remains in a state of evolution. There are areas where clarification will only be known by ultimate rulings from the Full Court of the Family Court or the High Court of Australia.
There is the continuing possibility of further amendments to the legislation governing Financial Agreements. Again, the form and effect of any such future change is not presently known and is impossible to predict.

It is accordingly the practice of our firm not to recommend Binding Financial Agreements where Consent Orders can be prepared as an alternative.

How the Consent Order Process Works

1. Getting started

Before we get to work on your consent order, we require funds to be deposited into our trust account. This amount includes the filing fee required by the Court.

You will also need to complete this intake form and return it.

2. Tele-conference

Once these first steps have been completed, we’ll contact you to schedule a convenient time for a 20–30-minute telephone conference. This is where we’ll hear about your situation, as well as the exact details of the agreement you’ve reached.

Once we’ve finished speaking, we generally have all the information to prepare the documents the court will require in order to make consent orders for you.

3. Drafting the documents

We then put together two documents on your behalf, which are:

Draft Consent Orders
This document sets out the agreement you’ve reached, along with the mechanics of how each order will be implemented where applicable.
Application for Consent Orders
This document sets out for the Court relevant background information designed to assist the Court in verifying the Orders to be made are fair and equitable. For a property settlement, all of your assets and liabilities are listed, even if they don’t form part of the agreement. The Application also lays out in mathematical terms what the orders say in words and sets out the proposed percentage split. For children’s matters, the Application provides background information about the children.

Both documents must be filed with the Court. They must meet with the approval of a judge, who will, assuming the proposed orders are found to be just and equitable, make legally binding court orders in accordance with the agreement you’ve reached.

4. Verification

Once drafted, both documents are forwarded to you, so you can make sure the details are correct. You will then need to print, sign, scan and send back to us by email signed copies of:

Draft Consent Orders
Each page of the draft consent orders must be signed by each of you.
The Statement of Truth of Applicant and Statement of Trust of Respondent
The Applicant’s statement is attached to the draft Application for Consent Orders. The Respondent’s statement will be sent separately.

Once the scanned and signed documents have been returned to us by email we will file the documents.

5. Court approval

It usually takes 2–4 weeks for court orders to be made in accordance with the agreement you’ve reached. You aren’t required to attend court, the case is considered by a Judge in Chambers.

Once the orders have been made, a sealed copy of the Orders typically becomes available via the court portal. We will obtain a sealed copy of the Orders and forward them to you.

The process of taking instructions from you, putting together the draft documents, having them filed and then having orders made in accordance with the agreement reached usually takes around one month.

Sometimes there can be other matters to settle. Commonly, one party transfers their interest in a property to the other and there’s a refinance process that must take place. We’re able to assist with the implementation of orders and arrange the refinance on your behalf for an additional fixed fee. This process generally takes around six weeks.

If you have any questions, take a look at our FAQ page on fixed fee consent orders. You can also find out more about who we are and what we do.

Get an Online Quote with No Surprises

If you’re looking for a firm figure on what a Consent Order will cost, you can find it by clicking the button below. You’ll be able to calculate the cost based on your circumstances and get a quote you can trust.

If you have questions or are close to reaching an agreement, we’d be happy to give you advice on how to take those last few steps.

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Preparing for a Teleconference with Us

In preparation for our conference you will need to provide to us the following details:

The date you got together, the date you married, if applicable, the date you separated and the date you divorced, if applicable.
Details of all of your assets and all of your liabilities, and their approximate values.
The BSB and account details for all accounts that you and your former partner have an interest in, either separately or together.
The make, model and registration of any cars that you own.

As well, we will also require the following documents from you before the telephone conference can go ahead:

An up-to-date superannuation statement.
A Council Rates notice, showing the lot and DP for any real estate owned by you.

Obtaining Consent Orders With Kate Austin – What’s Included and What’s Not

The fixed fee consent orders process that we provide is designed to assist parties who might feel as though in general, they don’t really need orders, but they’re getting them for specific reasons. Some reasons why parties who are separating amiably might want court orders are:

To avoid the stamp duty implications associated with having a property transferred from joint names to one party’s name.
To ensure that the financial relationship between the parties is at an end and there is no scope for either party to pursue a further property settlement at some future date.
To ensure certainty for the future care arrangements for their children.

At Kate Austin Family Lawyers, we do provide the full range of family law services, however the specific option that you have chosen here is geared towards formalising agreements that have already been reached in a simple, quick and easy way for a specific reason.

What the fixed fee includes:

Taking instructions from you, typically by way of a telephone conference, in relation to the agreement you’ve reached, and filling in any gaps in relation to matters that you might not have thought of.
In order for the court to make orders in accordance with the agreement that you’ve reached, we then prepare two documents:
Draft Consent orders
this document sets out the agreement you’ve reached in a format that is legally binding and enforceable and in a way that the court will accept.
An Application for Consent Orders
For property settlement matters, this document sets out all of the assets and liabilities of the parties, and then sets out in mathematical terms what the draft consent orders say in words. It also provides the court with other information about the parties’ relationship and sets out the proposed percentage split of the asset pool. For children’s matters, details about the parties’ relationship and the arrangements for the children are set out.

We get all the information we need to prepare these two documents from you and then we prepare the documents for you to review.

We send the completed documents to you for execution and once you return them to us, we file them with the Court.
Obtaining court orders in accordance with the agreement you’ve reached, and then forwarding them to you.

What the fixed fee does not include:

The fixed fee does not include negotiating an agreement between you and your former partner. We’re happy to help you negotiate an agreement, if you don’t already have one, however this doesn’t fall within the scope of our consent orders fixed fee, as this works on the basis that you and your former partner have already reached an agreement.
Subject to the comments below, the fixed fee does not include the provision of independent legal advice. Again, we’re happy to do this, if you’d like independent advice on the agreement you’ve reached, however it doesn’t fall within the scope of the consent orders fixed fee. Providing independent legal advice requires us to obtain a detailed history of your relationship, dating back to prior to its commencement and dating forward beyond the date of separation and projecting into the future. This takes considerable extra time.

On occasion, the agreement you’ve reached may, in our view, be something that the court is unlikely to make orders in accordance with. This doesn’t generally happen, but can happen if the agreement, on the face of it, seems heavily skewed in favour of one party. In such a case, we will advise you about the best way of presenting the agreement so as to ensure that wherever possible, the court will make orders in accordance with the agreement reached, if there are valid reasons why it might be skewed in favour of one party. We will also advise you if we think that orders are unlikely to be made in accordance with your agreement, so that you have the opportunity to withdraw your instructions, or to go back to your former partner and renegotiate terms that are more likely to be acceptable.

The fixed fee does not include the implementation of the orders once made. Most commonly, property settlement orders make provision for the property owned by the parties to be transferred from joint names to one party’s name only, as having consent orders made enables the parties to avoid the stamp duty implications that otherwise arise when properties are transferred. We are happy to undertake this process for you for a fixed fee, however this fee is separate and additional to the fixed fee associated with the preparation of consent orders for you.

If you’ve got any questions about the process or what you need to do, feel free to schedule a call with us and we’ll talk you through everything involved.

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Instructions on Signing Documents with the Court

Following the preparation of the documents, we send them to you for your review and consideration. The documents include the following:

Draft Application for Consent Orders including Statement of Truth of Applicant;
Draft Consent Orders;
Statement of Truth of Respondent.

As well, we include a link to the Family Court brochure entitled “Marriages, Families and Separation”, which we are required to provide to you.

From here:

Once completed, please email this document back to this address.
If (or once) no further changes are required, we ask that you print off all three documents and follow the following instructions for their execution.

Apart from the last page, the draft Application for Consent Orders does NOT need to be signed. Please just keep a copy for your records.

On the last page of the Application for Consent Orders, you will find a page entitled “Statement of Truth of Applicant”. This needs to be signed and dated at the bottom by the Applicant. The Applicant will also need to tick all of the boxes that apply. For example, if parenting orders are being sought, tick box 8. if financial orders are being made, tick box 9, as per the below.

For parenting orders
I have read and considered sections 60B, 60CA, 60CC, 60CH, 60CI, 61DA, 64B, 65DAA, 67Z and 67ZBA of the Family Law Act.
For financial orders
I have read and considered in the case of a marriage section 72, section 79, and subsection 75(2) and where there is a superannuation interest, Part VIIIB of the Family Law Act and in the case of a de facto relationship section 90SF, section 90SM and where there is a superannuation interest, Part VIIIB of the Family Law Act.
The Statement of Truth of Respondent must be signed and dated at the bottom by the Respondent. Again, the Respondent will also need to tick all of the boxes that apply.
For parenting orders
Both parties must then sign and date each and every page of the draft consent orders at the bottom of each page, wherever there is space. Both parties must sign the same document. You can, however, have one party sign it, and then email it to the other for signature, just as long as there is one document submitted with both parties’ signatures on it.

Once you have signed the draft consent orders, and the two Statements of Truth, you need to scan and email the signed documents back to us.

We will then collate all the documentation and submit it to the Family Court for the consideration of a Registrar in Chambers.

The fixed fee does not include the implementation of the orders once made. Most commonly, property settlement orders make provision for the property owned by the parties to be transferred from joint names to one party’s name only, as having consent orders made enables the parties to avoid the stamp duty implications that otherwise arise when properties are transferred. We are happy to undertake this process for you for a fixed fee, however this fee is separate and additional to the fixed fee associated with the preparation of consent orders for you.

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Get Your Consent Order Done by a Professional Lawyer

If you’re looking to move on in life but want to make sure your Consent Orders get done correctly and cover every detail, get in touch. You can schedule an appointment for a time that suits you or fill out the short contact form.

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4.9

Kate Austin Family Lawyers

4.9

Joanne Summers

08:25 23 Jul 18

The process of writing consent orders was made very simple by your knowledge and professionalism. Jessica was easy to talk with from my initial telephone call and easy to communicate with by email thereafter. Her manner was reassuring and considerate and she had the knowledge required to answer my questions. The fixed cost made budgeting easy and affordable. I have already recommended your company to a friend and will do so again in the futureread more

Kylie Gilbert

05:31 13 Jul 18

I can highly recommend the team at Kate Austin Family Lawyers. They prepared Consent Orders and also organised the property transfers. From beginning to end everyone has been very friendly, professional and helpful and the whole process has been extremely stress free. The fees definitely did not break the bank and worth every $ to know that the process is done properly the first time. Jessica in particular has been very reassuring to me and it's been greatly appreciated. Thank you Kate Austin Lawyers!read more

Gail Keogh

11:08 24 Jul 18

I highly recommend Kate Austin Family Lawyers. Jessica was fantastic! Jessica explained the whole process, answered all our questions and made things easy during a tough time. Jessica was professional and understanding of our requirements. The process was simple and completed in timely fashion. Thanks Jessica, Brendan and team.read more

Christie Gulley

09:23 17 Jul 18

Handelled my consent orders and property transfer efficiently and were always prompt with communication. About time there was a firm that you can trust to have your best interests in mind the whole time 😁 thanks Rachel, Brendan and teamread more

Blair Wright

21:33 23 Jul 18

Rachel and her team are fantastic to deal with and made this difficult time very easy to go through. Thank you once again for all your help and I would recommend them to everyone.read more

Antonietta Avgousti

00:06 10 Jan 19

Kate Austin Family Lawyers have been nothing short of amazing! From the minute I spoke to Brendan when I made that initial enquiry, I knew I had stumbled across something great (just by surfing the web).. The patience and compassion he and Rachel showed me in dealing with my case was very much appreciated. Thank you both so much for making this daunting process as smooth and as easy as possible.read more

Earth Angel

04:57 29 Jan 19

At such a stressful time, Kate Austin Lawyers made my life so much easier. They worked efficiently and were so very paitient. They were clear, communicated perfectly and kind people from the first phone call. The one time cost was well worth their services. I highly recommend this Law Firm to everyone.read more

David Westbury

01:49 21 Dec 18

Firstly, a huge Thank you to the team Rachel, Tori & Brendan, at Kate Austin Family Lawyers.Family law problems are not an everyday event and when mine happened it was daunting to say the least.However from my first conversation, right through to the end of processing my Consent Orders & Property Transfers, the Team at Kate Austin Family Lawyers were friendly, timely, and they communicated with me on a level I understood. Overall an extremely professional company that made the whole process stress free.Going forward I wouldn't hesitate to use them again and highly recommend their services.Thanks again Team, I wish you all a very Merry Xmas and a Happy New Year.I will be having one thanks to all your hard work.D Westburyread more

Peet Gorman

23:39 18 Dec 18

I am really happy with Kate Austin Family Lawyer. All staff member are professional and informative. My property settlement consent order was approved by court within a week which was very impressive. Brendan, Rachel and Tori were helpful. Everything I asked for was acted in time. I would recommend anyone to contact Kate Austin Family Lawyer for their family matters.read more

DS Martin

04:13 12 Nov 18

Friendly, efficient and caring service. They make the process of Consent orders and property settlement as painless as possible for all concerned. I would highly recommend Kate Austin's Team to listen and expedite this for you. Tori was really friendly and took the time to understand our situation and to progress it as fast as possible. Thanks Tori, Brendan and Rachel.read more

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