How to obtain a Consent Order from the family court?
You must file two documents with the Family Court in order to obtain Consent Orders if you do not already have court proceedings in progress.
“Application for Consent Orders” is the first document. In the case of property matters, this document outlines each party’s background and income, and their assets and liabilities, including their superannuation. A table at the end of the document presents a monetary summary of the outcome that is being proposed. By identifying this overall percentage split, the court is able to determine whether the outcome is fair and equitable. The court considers the current arrangements for parenting matters, including their living arrangements, education, health, and other matters.
In addition, a Minute of Order must be filed. This document outlines exactly what orders you are asking the court to make, both regarding property settlements and parenting issues.
As long as the documents are prepared correctly and all relevant information is included, and provided that the court considers that the result in relation to property settlements and parenting orders is in the best interests of the child or children, then the documents filed will usually be followed.
The Family Court will not change any Consent Order that you have submitted to something it deems more ‘fair’ or ‘practical’. You will be required to respond to a requisition if the court has concerns with what you have submitted. Once the requisition has been properly addressed, the matter will be reconsidered.
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This information is general in nature and cannot be interpreted as legal advice. Legal advice can only be provided by a qualified legal practitioner.