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What is the process for obtaining a Consent Order from the family court

What is the process for obtaining a Consent Order from the family court

What is the process for obtaining a Consent Order from the family court?

The Process for Obtaining Consent Orders in Australia:

 

  1. 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.
  2. 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.
  3. 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.
  4. 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”.
  1. 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:

  1. Application for Consent Orders form
  2. Minute of Consent Orders
  3. 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.

Who Can You Talk To About Consent Orders?

If you need someone to talk to about a Consent Order specifically or have general questions about consent orders, Kate Austin Family Law can help. We are dedicated to fixed-fee family law matters in NSW and Queensland. When it comes to consent orders Family Court can be a complicated place, and it pays to have somebody like Kate Austin Family Law on your side.

When it comes to consent orders family law professionals at Kate Austin have got you covered. They offer fixed price the consent orders to ensure you aren’t caught out by high, unexpected fees. Get on online instant Quote here. There’s no reason to put off getting the process started for your consent order with the Kate Austin team. They can help you get consent orders Family Court are likely to approve.

So, get in touch with Kate Austin Family Law today and you can feel confident that you are getting the information on consent orders you’ve been looking for. If you require additional information we suggest you contact the Family Courts website