Consent Orders Melbourne
Reached an agreement with your former partner? Consent orders make it legally binding. We draft orders the court will approve, so your agreement is not sent back.
Consent orders are orders made by the Federal Circuit and Family Court of Australia, by agreement, without a court hearing. They can cover property and superannuation, parenting arrangements, or both. Once made, they have the same effect as orders made after a trial, and they can be enforced.
You file an Application for Consent Orders with the proposed orders. A registrar then checks that the property orders are just and equitable and that any parenting orders are in the children’s best interests.
Move forward with clarity and confidence.
Why Consent Orders Get Sent Back
The most common reasons the court sends consent orders back are missing or incorrect superannuation splitting orders, and property orders that are not just and equitable. If the registrar is not satisfied, they can ask for more information or refuse to make the orders, and you lose months.
Super splitting orders need the right wording and the super fund must be notified before filing. If the division looks uneven, the application has to explain why it is still fair. Getting this right the first time is most of the work.
Getting consent orders right the first time saves months. We make sure the orders are fair, complete and ready for the court to approve.
Katherine SiotosAssociate, Melbourne Family LawyersExperienced Consent Orders Lawyers in Melbourne
We prepare and review consent orders for:
- Property settlements
- Superannuation splitting
- Parenting arrangements
- Transfers of the family home
- Varying existing orders
- Reviewing orders from the other side
What the Court Checks
Before approving consent orders, a registrar looks at:
Full financial disclosure
Correct super splitting orders
A just and equitable result
The children's best interests
Orders that can be carried out
The application includes each party’s assets, liabilities and income, so the registrar can see why the division is fair. If one party is receiving much less than a court would be likely to order, the application needs to explain why.
Consent orders or a binding financial agreement?
Consent orders can take longer, and if the court is not satisfied the division is just and equitable, they can be sent back. A binding financial agreement is an alternative that does not need court approval.
The trade-off: a BFA is only binding if both parties get independent legal advice, while with consent orders one party, or neither, can be represented. We will tell you which suits your situation.
Parenting Consent Orders or a Parenting Plan?
Parenting agreements can be recorded in two ways. We normally recommend parenting consent orders because they are binding. Consent orders:
- Are approved by the court
- Can be enforced if they are breached
- Give certainty about where children live and spend time
- Cover decision-making, holidays and handovers
- Can be varied later by agreement or application
- Can be made with property consent orders
A parenting plan is a written, signed and dated agreement. It cannot be enforced, but it can be useful while things are still fluid, for example when children are very young or circumstances are changing.
As a guide, consent orders cost $5,000 to $10,000 with us, and in some matters we can agree a fixed fee so you know the cost upfront. That covers:
- Advice on whether the agreement is fair
- Drafting the proposed orders
- Preparing the application
- Dealing with the super fund
We start with a free discovery call, or you can book a full one-hour consultation for $440.
Once filed, consent orders are reviewed by a registrar. Processing can take longer than people expect, which is one reason some clients choose a binding financial agreement instead. Getting the paperwork right the first time avoids further delay.
Consent orders are final, so they are hard to change. Property orders can only be set aside in limited circumstances, such as fraud, non-disclosure or a change that makes them impossible to carry out. Parenting orders can be changed by new orders if circumstances change significantly.
Meet Some Of Our Family Lawyers
Hayder Shkara
Director & Practice Manager
Katherine Siotos
Associate
Stephanie Hope
Senior Associate
Giuseppe Rubino
Senior Associate
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Frequently Asked Questions
What are consent orders?
Orders made by the Federal Circuit and Family Court of Australia, by agreement, without a hearing. They can deal with property, superannuation and parenting, and are legally binding and enforceable.
Do both of us need a lawyer for consent orders?
No. One party, or neither, can be represented. We still recommend advice, because orders that are not just and equitable, or have incorrect super orders, are often sent back. A binding financial agreement is different: both parties must be independently represented.
Why would the court reject consent orders?
Most often because superannuation splitting orders are missing or incorrect, or because the division is not just and equitable on the information provided.
Consent orders or a binding financial agreement: which is better?
It depends. Consent orders are approved by the court and only need one party represented, but they can take longer. A BFA avoids the court, but both parties need independent legal advice for it to be binding.
Should we make parenting consent orders or a parenting plan?
We normally recommend consent orders because they are binding and enforceable. A parenting plan can suit families whose arrangements are still changing.
Is there a time limit for property consent orders?
Yes. Married couples have 12 months from the date their divorce takes effect, and de facto couples have 2 years from separation. After that, the court’s permission is needed.
How much do consent orders cost?
As a guide, $5,000 to $10,000, and in some matters we can agree a fixed fee. We offer a free discovery call, and a full one-hour consultation costs $440.