The Process for Obtaining Consent Orders in Australia:
- Reach an Agreement: The parties must first come to a mutual agreement on all the issues they wish to have formalised. This is the most important element in this process. Agreement can be achieved through direct negotiation, mediation, family dispute resolution, or with the assistance of a lawyers.
- Draft the Orders: The agreed terms are then drafted into a formal document, often referred to as “draft consent orders” or “minutes of consent.” It is highly recommended to seek legal assistance during this stage to ensure the orders are worded correctly, are legally sound, and accurately reflect the agreement.
- Apply to the Court: An “Application for Consent Orders” is filed with the relevant court (usually the Federal Circuit and Family Court of Australia or, in Western Australia, the Family Court of Western Australia). This application includes the draft orders and other required supporting documentation.
- Court Review and Approval: A Registrar or Judge will review the application and the proposed orders.
- For parenting orders, the court must be satisfied that the arrangements are in the best interests of the child.
- For property orders, the court must be satisfied that the agreement is “just and equitable”.
- Orders released from the registrar: If the registrar is satisfied, it will approve the agreement and make the Consent Orders legally binding. The orders are then sealed by the court and become legally binding. The term “sealed” refers to the stamp placed on the orders.
The Step by Step Process
Step 1: Reaching an Agreement
The first and crucial step is reaching an agreement with your former partner regarding:
- Division of assets and property
- Parenting arrangements (if applicable)
- Financial matters
- Spousal maintenance (if relevant)
Step 2: Document Preparation
Required documents include:
- Application for Consent Orders form
- Minute of Consent Orders
- Supporting documentation
All sections about financial situations must be completed, including:
- All assets and liabilities in joint and individual names
- Current values of properties
- Financial resources
- Superannuation details
Step 3: Document Signing and Verification
Both parties must:
- Sign the consent orders
- Have signatures witnessed by an authorised person
- Provide all required supporting documentation
Step 4: Submission Process
The application should be:
- Filed electronically via the Commonwealth Courts Portal (preferred method)
- Submitted with the current filing fee ($200 as of 2025)
- Include all required supporting documentation
Step 5: Court Review and Approval
The court will:
- Review the application (typically takes 4 weeks)
- Ensure orders are “just and equitable.”
- Verify parenting orders are in children’s best interests
- Issue sealed copies once approved
Special Considerations
Property and Financial Orders
Must include:
- Complete disclosure of all assets and liabilities
- Clear division arrangements
- Superannuation splitting details (if applicable)
- Stamp duty and capital gains tax implications
Parenting Orders
Must address:
- Living arrangements
- Time spent with each parent
- Communication arrangements
- Decision-making responsibilities
- Educational and health matters
Professional Assistance
It is not compulsory to seek legal advice. Seeking legal assistance is recommended to:
- Ensure proper completion of documents
- Verify agreement is what they believe is “just and equitable.’
- This will significantly increase the likelihood of court approval
Conclusion
Obtaining consent orders involves a process from reaching an agreement to court approval. It can be completed without legal assistance, however professional guidance can help ensure success and protect both parties interests.
The process provides a cost effective and less adversarial alternative to contested court proceedings but will still result in legally binding arrangement.
