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.
Services
- Melbourne Family Lawyers will walk you through the process of Parenting Consent Orders, making sure you reach a fair and secure arrangement for your child’s care.
- We’ll help you handle Financial and Property Consent Orders, so you can be confident that your assets are divided fairly and protected under the law.
How to Apply for Consent Orders
Initial Consultation with a Lawyer: A quick chat with a family lawyer can help you work out what the Court will want to see and whether your proposed terms are likely to pass review.
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: Go through the draft carefully and make sure it matches what you have discussed. Once you’re both comfortable with the details, sign the documents.
Prepare the Application: Complete the required Court forms and attach the signed agreement. Check that dates, names, and details are consistent across all documents.
File the Application: Lodge everything with the Court, which can be done online, or through a family law registry where needed.
Await Court Review: The Court will consider the application and decide whether the orders are appropriate.
Receive the Approved Orders: If approved, you’ll receive the sealed consent orders. From then on, they are legally binding and enforceable.
Is a Lawyer Necessary to File for a Consent Order?
You don’t have to use a lawyer to file consent orders. If you and the other party agree, you can prepare and lodge the paperwork yourself.
Still, a family lawyer can be useful to make sure the wording is right, the orders match what you’ve agreed, and the documents meet Court rules.
- Avoid Complications: Cut down delays and fix-ups.
- Personalised Service: Support tailored to your situation.
- Years of Experience: Decades of experience in preparing consent orders that comply with Australian law.
Our Family Lawyers
Our lawyers have vast experience in Family Law. Whether your case involves a 50 million dollar business or a suburban house, a relocation with children to Preston or Paris, or a Divorce Application in Melbourne or Mumbai, rest assured that we know how to deal with it in the best possible way and obtain the best possible result for you.
What is a Consent Order?
A consent order is a written agreement you and the other party reach, which is then approved by the Court. Once it’s sealed, it’s no longer just an agreement between you two. It becomes legally enforceable.
In family law, consent orders are commonly used to lock in arrangements about property and finances (including debts and sometimes superannuation), spousal maintenance, and parenting arrangements. The point is to put clear terms in place, so everyone knows what must happen and when.
Parenting Consent Order
A Parenting Consent Order is a legal document that outlines the arrangements for the care, custody, and visitation of children following a divorce or separation. Both parents often agree upon these orders and then make official by a court to ensure compliance.
Financial Consent Order
A financial consent order is how you formalise a property and money agreement after separation. It sets out who keeps what and who is responsible for which debts.
It can cover the home, savings, investments, superannuation, vehicles, and liabilities. Once you’ve both agreed, you lodge the documents with the Court. If the Court approves them, the orders are sealed and you’re both expected to follow them.
What Makes a Consent Order Different from a Parenting Plan?
When you and the other parent agree on arrangements, you’ll usually record it one of two ways: a parenting plan or consent orders. They can cover similar topics, but they don’t carry the same weight.
- 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: If things are tense, inconsistent, or likely to change, consent orders give you a clearer backup position.
- Key takeaway: If you want the option to enforce the arrangement, consent orders give you stronger protection than a parenting plan.
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.
Get in Touch Today
Embarking on a divorce journey doesn’t have to be overwhelming. With Melbourne Family Lawyers by your side, you’ll have the support and expertise you need to move forward with confidence.
Contact us today for a consultation. Let’s discuss how we can help you.
Phone: +613 9670 9677 | Email: [email protected]
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.
Related Articles & Cases
