Consent Orders

When a relationship ends, reaching agreement about parenting or financial matters can bring a sense of stability and certainty at an otherwise difficult time. If you and your former partner are able to agree on these arrangements, Consent Orders are the most secure way to formalise that agreement.

A Consent Order is essentially a written record of what you have both agreed, submitted to the Federal Circuit and Family Court of Australia for approval. Once approved, it becomes a binding court order. From that point on, the agreement has the same legal force as if it had been decided by a judge, but without the need for either of you to attend court or engage in contested proceedings.

Consent Orders can deal with the ongoing care of children. They might confirm where the children will live, how much time they will spend with each parent, how decisions about education and health will be made, and how holidays or special occasions will be shared.

Before approving a parenting agreement, the Court must be satisfied that the arrangements are in the best interests of the children. This safeguard ensures that any Consent Orders are not only practical but also protective of the children’s welfare.

Consent Orders can also finalise the financial aspects of a separation. They can set out how property, savings, superannuation and debts will be divided, as well as whether one party will pay spousal maintenance to the other.

The Court will only approve property settlement orders if they are satisfied the outcome is just and equitable in the circumstances. This provides both parties with the reassurance that their settlement is legally recognised as fair.

Many separating couples choose Consent Orders because they provide clarity and certainty for the future. Unlike informal agreements or private arrangements, Consent Orders prevent further claims being made down the track (except in limited situations where circumstances significantly change).

They are also enforceable. If one party fails to follow what has been agreed, the other can take steps through the Court to ensure the orders are complied with. This makes them far more secure than a simple handshake or written agreement.

Consent Orders also allow you to remain in control of the outcome. Rather than having a judge impose a decision after a lengthy and expensive court process, you and your former partner decide the terms that suit your family, and the Court simply ensures they meet the required legal standards.

The process begins with you and your former partner reaching agreement. With the assistance of lawyers, this agreement is then carefully drafted into formal documents: an Application for Consent Orders and a Minute of Consent Orders. These documents are filed with the Federal Circuit and Family Court of Australia, most often through the Court’s online system.

A Registrar or Judge will then review the proposed orders. They will consider whether the settlement is fair in financial cases, and whether parenting arrangements are in the best interests of the children. If satisfied, the Court will approve the orders, and they will take effect immediately.

Once made, Consent Orders are intended to provide finality. However, there are circumstances where they can be changed. If both parties agree, new orders can be submitted to replace the old ones.

If agreement cannot be reached, the Court has power to vary or set aside Consent Orders, but only if there has been a significant change in circumstances that makes the original orders unworkable or unfair.

Although Consent Orders are designed to simplify the resolution of family law matters, careful preparation is essential. Orders that are poorly drafted, unclear, or incomplete can be rejected by the Court or lead to disputes in the future.

By seeking advice from an experienced family lawyer, you can be confident that the orders properly reflect your agreement, protect your rights, and will be accepted by the Court.

We offer a 60 minute consultation with a Family Law Specialist that is affordable for you to receive some initial guidance in relation to your position. Please contact us if you have any questions.