Application for Consent Orders: Quick Guide

application for consent orders | Melbourne Family Lawyers

Consent orders serve as a straightforward solution in family law matters, offering a clear path to resolve disputes without prolonged legal battles.

In this article, we’ll explore the process of applying for consent orders, as well as where and when to obtain one. Whether it’s dividing assets or establishing custody arrangements, understanding consent orders is key to achieving fair and efficient resolutions.

What is the Process of Application for Consent Orders?

  1. Download the Form: Download the “Application for Consent Orders” form from the Family Court of Australia website.
  2. Complete the Form: Fill out the form with all the necessary details. This includes information about the parties involved, the children (if applicable), and the orders you seek.
  3. Sign and Witness: Both parties must sign the form in the presence of an authorized witness.
  4. Compile Documents: Attach any supporting documents, such as a parenting plan or financial statement.
  5. Submit: Submit the completed form and documents to the Family Court of Australia in person or by mail.

DIY Kit Application

The DIY kit is available for those who have reached an agreement about parenting, finances/property, or maintenance and wish to ask the Court to formalise the agreement.

Consent orders play a crucial role in family law, allowing parties to formalise agreements related to parenting, finances, or property without the need for contentious court battles.

Whether it’s to cement a mutual understanding post-separation or to ensure children’s best interests are met, these consent orders provide a legal framework for such agreements.

It’s crucial to read the information on “How do I file Consent Orders?” and the checklist provided in the kit.

The kit provides resources to help parents draft parenting orders, offering information and examples so parents can decide the best orders for their children.

Where to Get Application for Consent Orders Form?

The form can be downloaded from the Federal Circuit and Family Court of Australia website.

This form is specifically available for legal practitioners. Suppose you need to be represented by a lawyer.

In that case, you should refer to the Application for Consent Orders Kit, which includes instructions and additional information to help you complete and file the form.

When to Apply for Consent Orders

You can apply for consent orders if both parties agree on the type of court orders they wish to make. These orders can relate to parenting, financial matters, or both.

You don’t need to have gone to Court before filing this application. However, if there’s an ongoing case, you can still apply if both parties agree.

There’s a time limit for eligibility:

If you were married: Apply anytime after separation but within 12 months after your divorce is finalised.

If you were in a de facto relationship, apply within two years of the relationship’s breakdown.

The application comprises four primary documents:

  • The application form
  • The consent orders cover sheet
  • The format for consent orders
  • The certification of consent orders

All these documents must be filed together, and both parties must sign the consent order.

Consent orders are always filed in the Family Court. Applying online through the Commonwealth Courts Portal is preferred, but postal or in-person filing is also an option.

Application for Consent Orders: Seek Legal Advice

In navigating the intricate waters of family law and the process of applying for consent orders, it’s paramount to arm yourself with the right knowledge and guidance.

While the information provided offers a foundational understanding, every individual’s situation is unique, and the nuances can be complex.

Therefore, seeking legal advice from a seasoned professional is not just recommended but essential.

A lawyer can provide clarity, ensure your rights are protected, and confidently guide you through the legal maze.

Remember, it’s always better to be well-informed and well-represented when it comes to legal matters, especially those involving family.

Director of Melbourne Family Lawyers, Hayder manages the practice and oversees the running of all of the files in the practice. Hayder has an astute eye for case strategy and running particularly complex matters in the family law system.

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