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What Are Consent Orders?

 

Consent Orders are legally binding agreements approved by the Family Court of Australia. It requires full financial disclosure of all assets and liabilities at their current value. The agreement must be “just and equitable” and compliant with all current Family Court legislation and Court rules

 

It is called a “consent” order as it reflects an agreement between both parties prior to submitting it to the court. In contrast, a regular court order is a mandate issued by the court that does not require either party’s agreement.

If you need to finalise agreements legally at the end of a relationship, you might wonder what consent orders are and how they work. Consent orders are legally enforceable agreements approved by the Federal Circuit and Family Court of Australia that outline arrangements for parenting, property, and financial matters following separation.

A consent order is an agreement that is stamped and sealed by the court, binding the parties legally on matters such as parenting and property settlement following separation.

Firstly, it involves submitting an application for Consent Orders to the Family Court. If the court approves the proposed orders, it seals them. This seal converts the agreement into a legally enforceable document.

While legal representation isn’t mandatory for consent orders, obtaining independent legal advice is available for all parties

A consent order is not a one-size-fits-all document. It is a customised agreement drafted to address the distinct needs of the parties involved. A consent order can formalise arrangements related to parenting and/or financial and property matters, making them legally binding. Both agreements can be combined in the same document.

Parenting orders within a consent order can outline the child’s living arrangements, the time spent with the non-residential parent, child maintenance, and other aspects of parental responsibility.

Consent orders for property settlement include the distribution of real estate, personal property, financial assets, and liabilities. This division considers several factors, including each party’s assets and debts, contributions, and future requirements.

Financial support issues that a consent order might encompass include:

  • Transfer and Sale of Real Estate
  • Payment to another party for their real estate interests
  • Transfer of Cars
  • Splitting of Superannuation Interests
  • Retaining or transferring a business
  • Spousal maintenance

Legal standing of Consent Orders

Consent Orders hold the same legal weight as conventional court orders, the only difference is that the parties have agreed rather than asking the court to make an agreement on their behalf.

The Documents required for Consent Orders.

  1. Application for Consent Orders – Completed correctly
  2. Minute of Consent Orders – Completed in legally binding language in support of your application for Consent Orders.
  3. Procedural fairness approval from the outgoing Superannuation fund (if a superannuation splitting order is sought)
  4. A copy of the outgoing member’s superannuation statement.
  5. Required Valuations of a superannuation benefit subject to the fund type (Defined Benefit)
  6. Any existing Orders if you’re seeking a variation on an existing order.
  7. Payment of the current court fees for Consent Orders

Exemption of Court Fees

More can be read at the Family Court website to about the guidelines for court fee exemptions.

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