Why an Application for Consent Orders Could Save You Time and Stress

Formalising Your Separation the Right Way 

Application for consent orders is part of the process to provide a clear, legally binding framework to formalise agreements between parties. It is applicable in diverse legal scenarios, but are most frequently utilised in family law matters, specifically during separation, property settlement, and child custody arrangements.  

Once approved by a court, it carries the full weight of the law. Consent orders act as a safeguard and transforms informal understandings into legally binding obligations, minimising the potential for future disputes.  

Imagine if, after your separation with your spouse, you agreed on how to split your assets and made co-parenting arrangements for your children. You are separating amicably and have trust in each other, so there was no need to get formal paperwork. 

However, circumstances changed. Your partner lost their job; both of you needed to change your financial arrangements. The lack of formalisation led to stress, confusion, and plenty of disputes. If consent orders were in place, all these challenges could have been avoided. 

Understanding Consent Orders 

Application for consent orders is a legal request submitted to the Family Court of Australia to formalise an agreement between separating couples. These orders cover various aspects of your separation, including property settlement, spousal maintenance, parenting arrangements, and allocation of existing debts. 

Unlike orders imposed by a judge after a contested hearing, consent orders are agreements reached by the parties themselves. This collaborative approach reduces conflict and fosters a more cooperative post-separation relationship. 

The beauty of consent orders is that they are legally binding without the need for a court hearing, as long as both parties agree to its terms. This makes the process quicker, cheaper, and far less stressful than battling things out in court. 

Once approved by the court, consent orders become legally enforceable. If one party breaches the agreement, the other may apply to have the court enforce orders. This reduces the risk of future disputes and protects the rights of both parties. 

Applying for Consent Orders in Australia 

You don’t have to wait until you are divorced to apply for consent orders for parenting and property. Do this as soon as your divorce decree is finalised. Once a divorce order has been made, you have a limited time to apply for property consent orders: 12 months if you were married, or 24 months if you were in a de facto relationship.  

A well-prepared application reduces the risk of delays or rejections and helps the court assess your agreement faster. The Family Court has a DIY kit to help you get started. 

Here is the step-by-step process of filing your application for consent orders: 

Step 1: Reach an Agreement: You and your partner must both agree on the terms of the orders. This involves open and honest discussions to determine how property, finances, and parenting arrangements will be managed post-separation. 

Step 2: Fill in and Complete the Application: Fill out the Application for Consent Orders form. Make sure that all information provided is accurate and clearly reflects your agreed terms or engage a family lawyer to guide you through the form. 

Step 3: Prepare Supporting Documents: Include a draft of the proposed orders, a financial statement if applying for property orders, and any relevant documentation that supports your agreement. 

Step 4: Submit to the Court: Lodge your application with the Family Court of Australia, through the Commonwealth Courts Portal, together with your filing fee. If you electronically file the application, you will be required to pay the filing fee by credit or debit card (Visa/Mastercard) when you complete the application. Make sure you retain copies of all documents for your records. 

Step 5: Court Review: A registrar reviews your application to check that the orders are just and equitable (in property matters) or in the best interests of your child (in parenting matters). If there are concerns, the court may request more information or ask you to modify the terms. 

There are times when the court may reject the consent orders, usually if they find the orders to be Unfair or one-sided. Other times, it is for technical reasons like incomplete paperwork, failure to disclose assets, or non-compliance with legal guidelines, which is why working with a lawyer is always recommended during this process. 

However, if the court is satisfied with the agreement, the consent orders may be approved without requiring a hearing. The standard process time takes 6-8 weeks in Australia. Once sealed by the court, these orders become legally binding and enforceable. 

Consent Order Costs in Australia 

Filing an application for consent orders involves a court fee of $200, though this does change according to court. 

If your agreement is straightforward and both parties are on the same page, you may be able to manage the application yourself, keeping costs down. On the other hand, if your situation involves complex financial arrangements or parenting plans, expect additional expenses.  

Do I need a lawyer to help with my application for consent orders? 

While it’s technically possible to apply for consent orders without a lawyer, there are several good reasons to seek professional advice. A family lawyer brings expertise to make sure your agreement is fair, legally sound, and clearly drafted. Poorly written or ambiguous orders lead to misunderstandings, disputes, and potential legal challenges down the line. 

A lawyer also helps identify potential issues you may not have considered, like tax implications of property settlements or future changes in parenting arrangements. Ultimately, while hiring a lawyer adds to the upfront cost, it saves you from costly mistakes and future headaches. 

Legal fees will depend on the complexity of your case and the extent of legal advice you require. Consider these costs an investment in your future peace of mind, preventing potentially more expensive legal battles later. 

Consent Order Compliance 

Failure to comply with consent orders leads to serious consequences, including enforcement actions and potential penalties. If one party breaches the terms of the order, like missing child support payments, not following parenting arrangements, or failing to transfer property as agreed, the other party has the right to take legal action. 

The court takes non-compliance seriously and may enforce the orders through different measures, including fines, orders for compensation, or even community service, enforcement warrants, or even imprisonment. Ignoring consent orders quickly escalates into a costly and stressful legal battle, so it’s always best to adhere strictly to the terms you’ve agreed upon. 

Can you change or stop a consent order? 

Consent orders aren’t set in stone, but changes require a significant change in circumstances. Life is unpredictable, and situations evolve in ways you don’t anticipate when the orders were first made. 

For instance, a parent might need to relocate for work, or financial circumstances could shift drastically due to illness or job loss. To modify an order, you’ll need either your former partner’s agreement or a fresh application to the court. 

The court will approve changes only if it is satisfied that a material change in circumstances has occurred and that altering the orders is in the interests of fairness or the child’s wellbeing.  

You will typically need to provide proof of major life changes like financial hardship, job relocation, or parenting needs, or present supporting documents like financial statements, termination letters, medical reports. 

If both parties agree to the changes, the process is relatively straightforward: 

• Jointly prepare a new draft of the orders reflecting the changes. This involves filling out updated forms and providing supporting documentation that explains why the changes are necessary. 

• After updating the forms and documentation, submit them to the court for approval. 

• The court will review these documents to ensure the proposed modifications are fair and in the best interests of any children involved. 

If the court is satisfied, it will issue revised consent orders, making the updated agreement legally binding. 

However, if there’s disagreement, you may need to seek mediation or legal intervention to resolve the issues before applying for changes. 

Turn Agreements into Enforceable Commitments 

Formalising your separation through an application for consent orders is a step toward a more secure future. By making your agreement with your ex-spouse legally binding, you protect your rights, avoid future disputes, and draw the line where you stand.  

Application for consent orders might seem straightforward, but there are many potential pitfalls along the way, from drafting clear and comprehensive terms for a fair and legally sound agreement.  

If you’re considering an application for consent orders, make an appointment with an experienced family lawyer to help you through the process.