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Consent Orders

Family Law, Divorce Lawyer, Property Settlement, Child Custody, Defacto Law

Consent Orders are Orders that are made by the Court by agreement between you and the other party.

Consent Orders are legally binding Orders, which set out the terms of the agreement that has been reached. Consent Orders may deal with any or all of the following matters:

1. Parenting
2. Property
3. Spouse Maintenance

Consent Orders are a way for you to document an agreement reached with your former partner in a legally binding way, without the need to attend Court. It is extremely important that Consent Orders are carefully drafted.

Our firm has the knowledge and experience to carefully prepare the Consent Orders which reflect the agreement that has been reached with your former partner in the form of Orders to be made by the Family Court. You and your former partner will need sign each page of the Consent Orders.

There is also a form called an “Application for Consent Orders” that needs to be prepared. Where the Consent Orders deal with property and/or spouse maintenance matters, you will need to set out information, about, amongst other things, your income, your assets, liabilities and superannuation entitlements and the financial effect of the Orders that you are asking the Court to make. Your solicitor will help you prepare this document. This document will be sent to the court together with the Consent Orders. It will help the court to determine that the agreement that you and your former partner has reached is fair and equitable in your particular circumstances.

Where your agreement is about parenting matters, the Application for Consent Orders will need to set out for the Court details about the proposed arrangements for your children including housing, arrangements for financial support, details for their education, health and any other relevant matter.

Consent Orders provide parties with the benefit of having a legally binding Court Order which can be enforced if your former partner breaches it. You do not need to attend Court or have any contact with the court.