Consent Orders are an efficient way to document agreements in family law separation matters. They offer a more cost-effective pathway to secure your future, whether that be in relation to your financial situation, or your co-parenting needs.

If you are going through your own family law matter, it is completely normal to have quite a few questions about the process involved with documenting your agreement via Consent Orders.

The below aims to simplify the process by directly addressing common Frequently Asked Questions!

What are Consent Orders?

Consent Orders are legal documents that formalise agreements reached between parties to a family law dispute.

These documents ordinarily cover-off on property matters such as the transfer of ownership or sale of real property, the splitting of superannuation interests, and how other assets and liabilities owned jointly and individually will be dealt with.

Consent Order documents can also be used to set in place parenting arrangements.

Are Consent Orders legally binding?

Yes, they are binding Court documents.

The parties entering into Consent Orders (referred to as the Applicant and Respondent) will need to make sure that they fully comply with the terms of the legally binding documents. Failure to do so can have serious consequences.

This is why we at Martens Legal recommend that parties considering entering into Consent Orders should receive legal advice first.

Can my Consent Order documents include child support obligations?

No. While Consent Orders are capable of addressing various family law property and parenting issues, the Court cannot approve Consent Orders about child support.

We recommend reaching out to a family lawyer to discuss child support issues / obligations, and invite you to connect with us here at Martens Legal.

Can I enter into these legal documents if I was in a de-facto relationship?

Yes, these can be use for agreements in the breakdown of de facto relationships, in addition to marriages.

There are however specific requirements that your de facto relationship needs to meet. For more information and guidance on de facto relationships, don’t hesitate to contact us.

Do I need to disclose personal information to the Court to enter into these legal documents?

There are two documents that make up Consent Orders: an Application for Consent Orders, and Proposed Orders by Consent.

The Proposed Orders by Consent list out the Orders that you are seeking the Court to make.

The Application for Consent Orders is a Court form that will need to be filled out by both parties. If you are seeking financial Orders, you will need to give the Court information about your financial circumstances. This includes information such as your weekly income, as well as details of your assets, liabilities and superannuation.

We’ve signed them. What next?

If you or your ex-partner have engaged a lawyer, that lawyer will file your Consent Order documents online with the Court.

Once filed, the Court Registry will review the documents, and check for any issues or discrepancies. If there are none, the Court Registry will list the Application for a “Consent Order Hearing Date”.

Do I need to attend the “Hearing Date”?

No.

On the Hearing Date, a Judicial Registrar of the Court will consider the Consent Orders. If the Judicial Registrar approves them, a “sealed” version will be issued by the Court. The “sealed” version has the Court stamp on each page.

When do the time limits in my Consent Order documents kick off?

Frequently in property matters, Consent Orders will stipulate that certain actions (i.e. transferring ownership of the family home) need to happen within a certain number of days, usually written as “X days from the date of the Orders”.

What this means is that the clock starts ticking from the date that the Court approves and grants the Consent Orders.

This date should be visible on the first page of your “sealed” Consent Orders.

Do I need to pay any fees to the Court?

Yes. The Court charges a filing fee.

At the time of writing this blog post, the filing fee is $200.

It is worth noting that the Court does update their filing fees from time-to-time, so this is subject to change.

Connect With Us

No one relationship (or person) is ever the same.

That means the course of action you require will always be specific to you.

We have prepared our New Enquiry Form with the aim of obtaining key information from you. This information will enable us to provide you with a clear pathway forward which is tailored to you!

You can find our New Enquiry Form here.

Thank you in advance and we look forward to speaking with you soon.

The Martens Legal Team

The above does not constitute legal advice and is not a substitute for seeking legal advice.