Consent Orders
Consent orders play a crucial role in family law here in Australia. These legally binding agreements help you and the other party formalise arrangements for property division, child care, and spousal maintenance with confidence.
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In Australia, consent orders play a pivotal role within the family law framework by providing separating couples with a structured and legally enforceable mechanism to formalise their agreements.
Rather than leaving arrangements informal or relying on private understandings, consent orders allow parties to document mutually agreed terms relating to property settlement, parenting arrangements, and spousal maintenance, and have those terms approved by the court.
Once sealed, these orders carry the same legal force as orders made after a contested hearing, offering certainty, finality, and protection for both parties.
Move forward with clarity and confidence.
Consent Orders Services
Consent orders play a crucial role in family law here in Australia. These legally binding agreements help you and the other party formalise arrangements for property division, child care, and spousal maintenance with confidence.
- Melbourne Family Lawyers guide you through Parenting Consent Orders, ensuring fair and secure arrangements for your child’s care.
- We also assist with Financial and Property Consent Orders, helping you divide assets confidently while protecting your rights under the law.
How to Apply for Consent Orders
Initial Consultation
Agree on parenting, property, finances, or maintenance outcomes, and have a lawyer put them into clear, practical wording.
Draft the Agreement
You and the other party need to agree on the outcome, whether it relates to parenting, property, finances, or maintenance. A lawyer can help you put the agreement into clear, practical wording.
Review and Sign
Check the draft carefully, ensure it reflects your agreement, and sign once both parties are satisfied.
Prepare and File
Complete the Court forms, attach the signed agreement, and lodge the documents online or at a family law registry.
Await Court Review
The Court reviews your application and decides whether the consent orders are appropriate.
Receive Approved Orders
Once approved, you’ll get sealed consent orders, which are legally binding and enforceable.
What is a Consent Order?
A consent order is a legally binding agreement approved and sealed by the Court. Once finalised, it is enforceable and not just a private arrangement between parties.
Consent orders are commonly used in family law to formalise property and financial arrangements (including debts and superannuation), spousal maintenance, and parenting responsibilities.
They provide clarity, security, and certainty, ensuring everyone knows their obligations and timelines.
Parenting Consent Order
A Parenting Consent Order is a legally binding document that sets out arrangements for the care, custody, and visitation of children following a separation or divorce.
When both parents agree, the order is formalised and approved by the Court, ensuring compliance and providing certainty and protection for the children’s best interests.
Financial Consent Order
A Financial Consent Order formalises property and money agreements after separation, clearly outlining who keeps which assets and who is responsible for debts.
It can cover:
- Home
- Savings
- Investments
- Superannuation
- Vehicles and liabilities.
Once both parties agree, the documents are lodged with the Court. When approved and sealed, the orders become legally binding and enforceable.
Is a Lawyer Necessary to File for a Consent Order?
You don’t need a lawyer to file consent orders if both parties agree.
However, a family lawyer ensures the wording is correct, the orders reflect your agreement, and all Court requirements are met.
- Avoid Complications Minimise delays, prevent errors, and ensure your consent orders are processed smoothly.
- Personalised Service Expert guidance tailored to your unique circumstances and agreement needs.
- Years of Experience Decades of experience preparing consent orders that fully comply with Australian law.
Meet Some Of Our Family Lawyers
Hayder Shkara
Director & Practice Manager
Katherine Siotos
Solicitor
Stephanie Hope
Senior Associate
Giuseppe Rubino
Senior Associate
What Makes a Consent Order Different from a Parenting Plan?
When parents agree on arrangements, they can record them as a parenting plan or consent orders.
Both cover similar topics, but consent orders are legally binding, while parenting plans are not.
Enforceability
Consent orders are court orders. If they’re breached, you can take steps to enforce them. A parenting plan isn’t enforceable, so it only works if both of you keep cooperating.
Court Involvement
A parenting plan stays private and doesn’t go through the Court. Consent orders are filed and the Court checks they support your child’s best interests before approving them.
Flexibility
Parenting plans are easier to change as routines shift. Consent orders can still be changed, but you’ll usually need a new agreement and updated orders.
Long-term Security
Long-term Security
Benefits of a Consent Order in Melbourne
- Legally Binding Once approved, it carries the same force as orders made by a judge.
- Cost-Effective You can avoid the cost of a long dispute and multiple court dates.
- Time-Saving If you’re both on the same page, approval is usually much faster than litigation.
- Flexibility You can shape the terms to suit your family and finances, rather than having a decision imposed on you.
- Privacy Most of the work happens on paper, not in open court.
When to Consider a Consent Order
- Property Settlements To formalise how assets, debts, and superannuation will be divided.
- Spousal Maintenance To set clear payment terms, timeframes, or finalise obligations.
- Parenting Arrangements To lock in time with the children, changeovers, and parental responsibilities.
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Frequently Asked Questions
How long do consent orders take?
The time it takes for consent orders to be processed can vary widely depending on the complexity of your case and the specific court’s workload. Typically, it may take anywhere from several weeks to a few months. Our team at Melbourne Family Lawyers will work diligently to expedite the process.
How much does a consent order cost in Australia?
The cost of obtaining a consent order can be pretty variable, depending on your situation and whether you consult a lawyer.
Legal fees can range from a few hundred to several thousand dollars.
Importantly, you’ll also need to pay an “Application for Consent Orders Filing Fee” to the court, which was around AUD $195.
Keep in mind that fees can change, and it’s always best to check the most current rates on the official court website or consult your lawyer.
Can a Consent Order be changed after it's approved?
Changing a consent order after approval is possible but can be complex. It usually requires both parties to agree to the changes or substantial evidence that an evolution in the circumstances necessitates an alteration. Please consult with our experienced lawyers for guidance.
What is the timeframe for filing a consent order after separation?
For property and financial matters, applications should be filed within 12 months of a divorce or two years after the end of a de facto relationship. Outside of these periods, court permission is required.
Is court attendance necessary?
Typically, no. Consent orders are usually processed without the need for parties to appear in court.
What happens if one party breaches the consent order?
The aggrieved party can apply to the court for enforcement, which may result in penalties for the non-compliant party.
Can we draft the consent order ourselves?
While it’s possible, seeking legal advice is recommended to ensure the agreement is comprehensive and legally sound.
Securing a consent order in Melbourne offers a pragmatic approach to resolving post-separation matters amicably and efficiently. By formalising agreements through the court, parties can achieve clarity and peace of mind, knowing their arrangements are legally protected.