What Is A Minute Of Consent Orders?

Many clients in Family Law are confused about the meaning of minutes of consent orders. Part of this is due to the fact that there are a number of terms used in the minutes of order, such as short minutes of order, minutes of order, and minutes of consent, which all mean the same thing.

First, what is a “minute” of order?

“Minutes” of consent orders are documents that contain proposed orders for the court to consider. 

Consent orders are court orders that have been agreed to by all parties involved and presented to the Family Court. Without attending court, Kate Austin Family Lawyers presents theses on behalf of our clients.

When are Minutes of Consent Orders Used?

The application for Consent Orders and the minutes of the order are the two documents we produce when we submit your agreement to the Family Court.

This is where clients fail to understand the requirements. In short

It is a document describing the agreement between the parties in a legally enforceable manner.

It includes all assets and liabilities for both parties regardless of whether they are to be retained, transferred or sold.

Each order is listed sequentially from 1 to (the final number). As a guide, a simple set of orders in a minute of order will have about 50 orders (inc subsections). This would be, for example, in a matter where the primary house is sold; each keeps their own superannuation cars, bank accounts, and furniture split evenly.

• Where actions are required, timeframes must be included.
• If the actions are not complied with, then contingency orders need to be included so that the orders can be enforced without further direction from the court.
• Notations are included at the end of the minute of the order.
• The minute of order needs to be signed by all parties at the bottom of each page.
• The application for consent orders must be made following the steps stated in Rule 10.15of the Family Law Rules (2004).
• Consent orders are essential to finalise any property, financial, or parenting agreement. They make these agreements legally enforceable.

What matters can be included in a Minutes?

Under family law, a Consent order can be considered mainly for issues such as:

• Property settlement
• Parenting orders
• For spousal maintenance agreements

The court will consider the proposed agreement outlined in the proposed orders and if the document is correct in form and order, and all provisions have been articulated properly in a way that is legally binding, and capable of enforcement it will be considered for approval on the basis of “just and equitable”

If the court then feels the agreement is fair it will be approved and all parties will be provided with a “sealed copy” of the proposed consent order.

Frequently asked questions

They can be used for property arrangements or financial orders , including:

• If Joint Assets are sold,
  • How will the proceeds be divided?
  • What will each person need to do to enable the sale?
  • What happens if one person fails to complete a task?
    • Sign a transfer document
    • Not signing a mortgage withdrawal
    • Not agreeing on a price
    • Not agreeing on a Real Estate agent etc
    • Are the valuations current?
  • Who is to retain which assets – like a house, car, furniture, expensive jewellery, etc?
  • Ownership of business interests.
  • How are all outstanding debts resolved?
    • Where will the funds come from
  • If you are transferring superannuation between yourselves and has the outgoing superannuation fund received a “procedural fairness ”
    • Are the orders noted in the minute of order compliant with the outgoing trustee’s funds approval?

The relevant legislation for parties in a marriage

Declarations and alteration of property Interests Family Law Act 1975

• Section 44(3) – time restrictions on property and maintenance proceedings
• Section 78 – declaration of interests in property
• Section 79 – alteration of property interests
• Part VIIIAA – in respect of orders or injunctions binding third parties
• Part VIIIB – in respect of superannuation interests

 

The relevant legislation for parties in a Defacto relationship.

• Family Law Act 1975
• Section 44(5) – period in which to apply
• Section 44(6) – leave to apply out of time
• Section 90SL – declaration of interests in property
• Section 90SM – alteration of property interests
• Part VIIIAA – in respect of orders of injunctions binding third parties – see also section 90TA
• Part VIIIB – in respect of superannuation interests

 

Parenting Matters

Parenting arrangements can include details around the amount of time each parent gets to spend with the child, as well as other important aspects, such as:

• Who will have parental responsibility for the child?
• Time and location of child care changeover
• When the other parent is able to take the children overseas

 

This what people pay for when they get legal assistance with Consent Orders. They are very complex and require considerable experience If you have any questions, please contact us or make a booking for a call.  Our Fees are fixed