Process for Application For Consent Orders
Posted: 5th July 2019
Posted in: News
Posted by: Fiona Browne, Associate
Consent orders can be entered when arrangements are AGREED UPON by both parties. An Application for Consent Orders can be filed with the Family Court of Australia and may relate to parenting, financials and/or property issues. Once the Application for Consent Orders is filed, the Orders that are then made are legally binding.
Why are Consent Orders Important?
When divorcing or separating couples agree on parenting arrangements for their children, property division and/or financial settlement, it can be risky if the agreement is verbal and informal. The only way to make the agreement binding and legally enforceable is to file an Application for Consent Orders.
If your former spouse or partner does not comply with the Consent Orders, you can then seek assistance from the Family Court of Australia to enforce the Consent Orders.
Process for Application for Consent Orders
Lodging an Application for Consent Orders does not mean you have to go to Court. It is entirely administrative in most cases. This means neither party requires a lawyer to represent them.
Using a lawyer to draft it is recommended though as it ensures that the Consent Orders actually have the effect you want and that they are just and equitable.
Before processing an Application for Consent Orders, the Court will consider whether the Consent Orders are just and equitable.
A family lawyer can provide sound advice on your legal rights and responsibilities and whether the Court is likely to make the Consent Orders as set out in the Application for Consent Orders.
Here’s How to Apply
- Parties should reach an agreement on all issues.
- Prepare 2 main documents:
- All documents must be signed by both parties. The family lawyer should also sign the Application if legal advice was provided.
- The Terms of Settlement will become the Final Orders of the Court.
The Registrar of the Family Court will issue a letter with requisitions or questions to answer if he or she has concerns or questions regarding the Application for Consent Orders. You are given a time frame to address the queries. It may be necessary to prepare and file an Affidavit giving the Family Court further information.
Once the Court approves the Orders, they will seal the Consent Orders and the Consent Orders will be available in your Commonwealth Court Portal file for saving and printing.
If you need assistance with filing an Application for Consent Orders, please feel free to phone us at (07) 5574 1888.