
Drafting a Consent Order is a crucial step in formalising agreements regarding property settlements and parenting arrangements after separation.
While it may seem straightforward, mistakes in the drafting process can lead to delays, unnecessary costs, or even rejection by the court. To help you navigate this process smoothly, we’ve outlined some key pitfalls to watch out for.
1. Not Including All Relevant Details in a Consent Order
A Consent Order should provide a complete and accurate picture of your financial situation and parenting arrangements. Otherwise, failing to list all assets, liabilities, superannuation, and income sources can cause complications, particularly if one party later disputes the agreement.
When it comes to parenting arrangements, clarity on time-sharing, decision-making responsibilities, and future considerations is essential.
Therefore, take the time to document everything thoroughly. Missing information can lead to legal challenges down the line or rejection by the Court.
2. Failing to Comply with Court Requirements for a Consent Order
Family law courts have strict criteria and procedural requirements for approving Consent Orders.
If your order does not meet the necessary legal standards, it may be rejected, leading to additional legal fees and delays.
Tip: Ensure that your agreement aligns with the Family Law Act 1975 and adheres to the fair and equitable standard expected by the courts.
3. Using Unclear or Ambiguous Language
Vague or poorly worded clauses can create confusion and disputes in the future. Courts require Consent Orders to be specific, practical, and enforceable.
If an order is ambiguous, it may lead to differing interpretations, making enforcement difficult.
Example of an ambiguous clause: “Both parents will share school holiday time equally.”
💡 Better approach: “The child will spend the first half of each school holiday with Parent A (from the first day at 9:00 AM until midday on the halfway point), and the second half with Parent B (from midday on the halfway point until the final day at 6:00 PM).”
Tip: Use clear, legally enforceable language to avoid uncertainty and future disputes.
4. Drafting an Agreement Without Professional Legal Advice
While DIY legal documents may seem like a cost-saving measure, they often lead to errors, omissions, and unexpected legal consequences.
Family law is complex, and courts scrutinise Consent Orders to ensure they are legally sound and fair to both parties.
Tip: Engage a qualified family lawyer to draft your Consent Orders before submission to protect your interests and ensure compliance with legal standards.
5. Overlooking Future Contingencies
Life circumstances can change—whether it’s a new job, relocation, remarriage, or shifts in financial stability.
If your Consent Order does not address future contingencies, you may find yourself back in court to renegotiate terms.
Tip: Consider including provisions that account for potential changes in parenting schedules, property ownership, and financial obligations to future-proof your agreement.
Avoid Costly Mistakes—Get Expert Legal Guidance
At Martens Legal, we specialise in drafting clear, comprehensive, and legally compliant Consent Orders tailored to your needs.
Don’t risk unnecessary legal fees or delays—let us guide you through the process.
📞 Book a consultation today to ensure your Consent Order is legally sound and protects your interests.