Understanding the Minutes of Consent
In family law, terminology can be confusing because several terms are often used interchangeably. However, there are subtle differences in how these documents are used during the legal process.
As part of the family law process, parties may need to create a minute of consent or minute of order to formalise their agreements.
1. What is a “Minute of Order”?
A Minute of Order is the formal document that lists the specific orders you are asking the Court to make.
The Content: It does not contain “arguments” or “evidence.” Instead, it is a clean, numbered list of instructions (e.g., “The Husband shall transfer his right, title, and interest in the property…”).
The Goal: It is designed so that a Judge or Registrar can sign it, and it immediately becomes a legally binding “Order of the Court.”
2. “Minute of Consent” vs. “Minutes of Order”
Technically, they are the same thing.
- Minute of Consent (or Minute of Consent Orders): This term is used specifically when both parties agree on the terms. By signing this document, you are telling the court, “We both consent to these exact words becoming law.”
- Minute of Order: This is a more general term. In a contested case (where you don’t agree), each party, including the other party, might file their own “Minute of Proposed Orders” to show the Judge exactly what outcome they are seeking.
3.What is a “Short Minute of Order”?
A Short Minute of Order is typically a simplified version used during court hearings for procedural steps rather than the final settlement.
Use Case: If you are in court for a “Directions Hearing” (a planning meeting), the lawyers might scribble down a “Short Minute” to tell the Judge: “Both parties agree to exchange bank statements by Friday and return to court in August.”
Difference: While a full Minute of Order for a property settlement might be 20 pages long with complex superannuation clauses, a Short Minute is usually 1–2 pages of “next steps” to keep the case moving.
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. Minutes of consent orders are commonly used following separation to formalize agreements between parties.
This is where clients fail to understand the requirements. In short
It is a document describing the agreement between the parties, including each spouse, 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, and money is divided or allocated according to the agreement.
- 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.
- The orders will specify which expenses, debts, or obligations are covered, improving clarity on how outstanding debts and liabilities are to be managed.
- 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 10.15 of the Family Law Rules (2004).
- Consent orders are essential to finalise any property, financial, or parenting agreement. They make these agreements legally enforceable and create an obligation for all parties to comply with the orders.
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
Parties may also be required to submit an additional copy of relevant evidence or documentation to support asset disclosure or property settlement.
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.
- 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
- Provisions for phone contact between the child and parent, allowing regular communication via phone as part of the parenting schedule
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 fixedbooking for a call. Our Fees are fixed
