What are consent orders
A consent order is a written agreement that is approved by a court. Signing draft consent orders means you agree with the orders and will follow the terms stated in the document. When the consent order is made, it has the same effect as a court order made by a judicial officer after a court hearing.
You and your former partner can apply for consent orders to be made without going to court.
How do you apply for consent orders?
Using the Family Court’s Application for Consent Orders kit, you ask the Family Court to make consent orders in the terms of your agreement. Consent orders about property and financial orders may deal with:
- transfer or sale of property
- splitting of superannuation,
Consent orders cannot be made about:
- property and spousal maintenance between de facto couples that do not meet the criteria set out in the Family Law Act. If you have been in a de facto relationship and are considering making an application to the Family Court or Federal Circuit Court for financial orders you should read the New de facto property regime page on the Attorney General’s website. This page will give you information about whether or not you are eligible to apply to the Family Court or Federal Circuit Court.
- A child support departure application. This requires application to the Court or in some circumstances a child support agreement. This can be a complex area of law and you should obtain legal advice or contact the Child Support Agency on 131 272 before making an application. For more information visit the Child Support Agency website (www.humanservices.gov.au/customer/themes/child-support-and-separated-parents).
Once you have completed the Application for Consent Orders, file it by post or in person with the family law registry nearest you. There is no need for you to attend court.
There is a filing fee to apply for consent orders.
For more information or to get an Application for Consent Orders kit click on the link.
You cannot directly apply for consent orders in the Federal Circuit Court. However, if you already have a case in that Court and you reach agreement, orders can be made.
Before applying for consent orders, you should consider obtaining legal advice about the effect of any proposed consent orders. Before making the consent orders a court will need to be satisfied that the orders are properly drafted and that the terms of the agreement are “just and equitable”.
What if you cannot agree about property and financial arrangements?
You can apply the Family Court or the Federal Circuit Court for financial orders. For more information follow the above left link at ‘In this section’ to the page titled ‘If you don’t agree about property and money’.