How much will it cost me to get a Consent Order?

How much will it cost me to get a Consent Order?

Most lawyers now charge a fixed fee for preparing consent orders. The fixed fee they charge, however, varies widely. It is quite common for lawyers to charge a fixed fee if there is some level of negotiation between the parties prior to the Consent Orders being signed off, and the fees will include the cost of independent legal advice as well. Lawyers often charge a fixed fee, given the possibility that the matter may become protracted and take some months to resolve. Legal fees associated with preparing Consent Orders are typically in the vicinity of $7000-$10000. The consent orders cost includes not only legal fees but also filing fees and any additional court fees that may apply, such as those for superannuation splits or valuations. The applicant, who is the person initiating the application for consent orders, is responsible for submitting the required documents to the Family Court.

To apply for consent orders, both parties (you and your former partner) must reach an agreement on the terms, which are then formalised in a written document and submitted to the Family Court.

Consent Orders generally cost much less to prepare than a binding financial agreement, particularly as both parties must obtain independent legal advice in relation to a binding financial agreement, which can increase the cost considerably. Binding Financial Agreements can also be much more comprehensive than Consent Orders, which result in additional costs. In comparison, divorce is a separate legal process with its own filing fees and procedures, and requires a different application to the court. Combining property and parenting orders in one application typically increases the overall consent orders cost compared to pursuing either one alone.

Introduction to Consent Orders

Consent Orders are a fundamental part of the family law system in Australia, providing a way for parties to formalize their agreements regarding property settlement and parenting arrangements without the need to attend a defended hearing in the family court. Under the Family Law Act, Consent Orders can be made by the Federal Circuit and Family Court of Australia, making the agreement legally binding and enforceable. This process allows families to resolve their matters efficiently, avoiding the stress and expense of a full court hearing. Understanding the legal process, including the role of court fees and the involvement of a family lawyer, is essential for anyone considering Consent Orders. The family court of Australia oversees the process, ensuring that the agreement is in the best interests of all parties, especially children, and that the settlement is fair and reasonable. By familiarising yourself with the steps involved, the fees payable, and the importance of legal advice, you can navigate the process with greater confidence and clarity.

Understanding Court Fees

When filing for Consent Orders, it’s important to be aware of the court fees involved. The current filing fee for an application for Consent Orders is $205; the filing fee can be paid online through the Federal Circuit and Family Court of Australia’s payment system. In some cases, additional fees such as hearing fees or setting down fees may apply; these can be applied online, depending on the complexity of the matter and whether a hearing is required. However, many applications for Consent Orders are determined without the need for a court appearance, keeping costs lower. Applicants who hold certain government concession cards, such as a Health Care Card or Pensioner Concession Card, may be eligible for a reduced fee or even a fee exemption. If you can demonstrate financial hardship, you may also qualify for a reduced fee or exemption from paying court fees. The federal circuit and family court have clear guidelines on eligibility for fee reductions and exemptions, ensuring that the process remains accessible to all parties regardless of their financial circumstances.

Role of a Family Lawyer

A family lawyer is an invaluable resource when it comes to preparing and filing Consent Orders. Their expertise in family law and the Family Law Act ensures that your agreement is drafted correctly and meets all legal requirements. A family lawyer can guide you through the process, from taking instructions and preparing the necessary documents—such as the Application for Consent Orders and the Draft Consent Orders—to filing them with the court. They can also provide advice on whether the proposed agreement is fair and in your best interests, helping you avoid common mistakes that could delay or complicate your matter. Many family lawyers offer a fixed fee for Consent Orders services, giving you certainty about the cost, while others may charge an hourly rate depending on the complexity of your case. Engaging a family lawyer can provide peace of mind, knowing that your legal process is handled professionally and efficiently.

Asset Pool Considerations

One of the most important aspects of preparing Consent Orders is accurately identifying and valuing the asset pool. The asset pool includes all assets, liabilities, and financial resources of both parties, such as real estate, superannuation, investments, and other significant assets. Full disclosure is essential to ensure that the property settlement is fair and reasonable for everyone involved. A family lawyer can assist in gathering and valuing these assets, helping to draft proposed orders that reflect the true financial position of both parties. This process is especially important when children are involved, as the best interests of the family must be considered in any agreement. By carefully considering the asset pool, parties can reach a settlement that provides clarity and security for the future.

Alternatives to Consent Orders

While Consent Orders are a popular way to formalise agreements in family law matters, there are alternative options available. A Binding Financial Agreement (BFA) is one such alternative, which can be entered into before, during, or after a marriage or de facto relationship. Unlike Consent Orders, BFAs are not approved by the court and must meet strict legal requirements to be enforceable. In some cases, if parties cannot reach an agreement, the family court may impose a court-ordered settlement after a defended hearing. Mediation and conciliation conferences are also available in limited circumstances, providing an opportunity for parties to resolve disputes with the assistance of a neutral third party. The Family Law Act and the Family Court Act outline the procedures and requirements for these alternatives, allowing parties to choose the option that best suits their circumstances. Whether you opt for Consent Orders, a Binding Financial Agreement, or another form of settlement, it’s important to seek legal advice to ensure your rights and interests are protected.