Understanding Consent Orders in Family Law
Have you and your former partner reached agreement on how to divide your property or make parenting arrangements? Find out how our experienced Family Law team can assist you in finalising your family law matter by way of Consent Orders.
Consent Orders in Family Law are legally binding Court Orders made without needing to go to Court.
WHAT ARE CONSENT ORDERS?
Consent Orders in Family Law are Orders made by consent by the Federal Circuit and Family Court of Australia and finalise your property settlement or parenting arrangements for your children, following separation.
Once approved by the Court, a Consent Order is an Order of the Court. This means both parties must strictly follow the terms, and breaching an Order can result in serious legal consequences, including fines or imprisonment.
Unlike litigation, applying for Consent Orders is an administrative process that doesn’t require a Court appearance, but is still considered by the Court to ensure the agreement reached is ‘just and equitable’. This makes it a cost-effective, less stressful and a more amicable option for separating couples to finalise their family law matter.
WHEN ARE CONSENT ORDERS USED AND WHAT DO THEY COVER?
It is usual for Consent Orders to be entered after negotiating an agreement or following a mediation.
The table below provides an overview of the types of issues a Consent Order may address in parenting and property matters:
- Decision making for the children
- The time the children will spend with each parent during the school term, school holidays and on special occasions;
- Communication;
- Exchange of information;
- Overseas Travel;
- Division of finances including assets, liabilities and superannuation
Did you know?
Transfers of real property between parties under a Consent Order may be exempt from stamp duty.
WHAT DOCUMENTS ARE REQUIRED?
To apply for Consent Orders in Family Law, you will need to file the following documents:
- Application for Consent Orders, which provides the Court with details of your and your former partner’s current circumstances and the proposed Orders you are asking the Court to make, including:
- Each party’s income and asset details;
- Domestic violence orders, if any; and
- Living arrangements for the children.
- Minute of Consent, which is a detailed draft of the orders to be issued by the Court. This must reflect your agreement precisely, as it becomes legally binding once approved.
Did you know?
Parenting Consent Orders do not cover child support agreements. These must be formalised separately under a Binding Child Support Agreement. Similarly, to settle spousal maintenance claims, a Binding Financial Agreement is required.
CAN MY CONSENT ORDER COVER BOTH PARENTING AND PROPERTY ISSUES?
Yes, a single Consent Order can cover both parenting and property issues. This streamlined approach is often more efficient and cost-effective, finalising all aspects of your separation in one step.
LEGAL IMPLICATIONS
Once the Court issues Consent Orders, they are legally enforceable. Breaching them—whether intentionally or through neglect—can result in:
- Fines
- A good behaviour bond (up to 2 years)
- Imprisonment (up to 12 months)
If your ex-partner breaches the Orders without a valid excuse, you can apply to the Court for enforcement or penalties.
FINAL THOUGHTS
Consent Orders provide certainty and legal protection in family law matters. They offer a structured and enforceable way to move forward after separation, avoiding future disputes and costly litigation.
Whether you:
- Have reached an amicable agreement with your former partner;
- Are applying beyond the usual timeframes; or
- Need help with enforcement after a breach;
Our experienced Family Law team can help you navigate the Consent Order process smoothly.
Contact us today to discuss how we can support you in finalising your parenting or property arrangements.
The blog published by Rostron Carlyle Rojas is intended as general information only and is not legal advice on any subject matter. By viewing the blog posts, the reader understands there is no solicitor-client relationship between the reader and the blog published. The blog should not be used as a substitute for legal advice from a legal practitioner, and readers are urged to consult RCR on any legal queries concerning a specific situation.
