What is a consent order in family law? 

When an unbreakable bond between you and your partner begins to fracture, the aftermath can be a storm of emotions, uncertainty, and tangled legal battles.  

Separation is never easy. Like you, everyone craves a peaceful resolution—a way to part way with dignity, clarity, and minimal stress. 

What if you could reach a fair and binding agreement without stepping foot in a courtroom?  

Consent orders offer a glimmer of hope and a chance to find common ground on crucial issues like parenting arrangements and financial settlements. Through parenting orders and financial orders, you and your partner can negotiate terms that are agreeable to you both. The court will review the orders sought, ensuring that the parenting orders are in the best interests of the children and that financial orders—including property and maintenance agreements—are fair and equitable. 

In this guide, we’ll discuss everything you need to know about consent orders: their definitions, advantages, and the detailed steps to make a consent order. 

What is a Consent Order in Family Law? 

In family law, a consent order refers to a legally binding agreement reached between parties involved in a family dispute. It is a formal agreement approved by a court that outlines the terms and conditions agreed upon by the parties regarding various issues related to their family matters. 

A consent order can be used to resolve a range of family law matters, including child custody, child support, spousal support (alimony), property division, and parenting orders. It allows the parties to avoid going to trial and instead come to a mutually acceptable resolution. 

Litigating family law disputes can take many months and, very often, over a year. In comparison, agreeing to consent orders can save parties significant time and expenses and could resolve disputes in a matter of weeks. 

What is the minute of consent orders? 

The minutes of consent orders outline the specific terms and conditions of the agreement and are drafted to reflect what was agreed upon by both parties. They are typically used in civil and family law cases to settle disputes amicably and avoid further litigation. Once approved by the court, these minutes become a legally binding order enforceable by law. 

Purpose of a Consent Order

1. Legally Binding: To make the agreement between parties legally enforceable. 

2. Clarity: To provide clear documentation of the agreed terms, reducing ambiguity. 

3. Final Resolution: To offer a definitive resolution to disputes, avoiding future conflicts. 

4. Efficiency: To resolve disputes quickly and cost-effectively compared to litigation. 

5. Amicable Agreement: To encourage cooperation and maintain positive relationships between parties. 

Types of Consent Orders 

Parenting Orders

A parenting order is an order made by a court about who has responsibility for your child and how they’ll be cared for. They address crucial aspects of child custody, including: 

• Primary Residence: This determines where the child will live primarily and with whom. 

• Parenting Arrangements: This outlines the schedule for the non-custodial parent to spend time with the child. This can include details on weekdays, weekends, holidays, and special occasions. 

• Decision-Making: The order can specify how significant decisions regarding the child’s upbringing will be made, whether jointly or by one parent. 

Factors the Court considers when deciding parenting Orders

When parents are unable to reach a consensus over parenting arrangements, the court steps in to make decisions based on the child’s best interests. This basic concept prioritises the child’s development, safety, and well-being over the parents.  

The court considers a variety of issues related to the child’s well-being, including protection from harm or exposure to family violence, their emotional and developmental needs, and their wishes, depending on their age. It also considers each parent’s ability to meet these needs and the benefits of the child having a relationship with both parents. 

The court must also consider any records of family violence, any active protection orders, and the cultural ties of Aboriginal or Torres Strait Islander children in particular.  

Financial Orders

A financial order is a court ruling about how money and property will be divided between parties involved in a dispute. They can encompass the following: 

• Division of Assets and Debts: This outlines how marital property, such as the family home, vehicles, and investments, will be split. It can also address how existing debts will be handled. 

• Spousal Maintenance: In some cases, the order may include provisions for ongoing financial support from one spouse to the other. 

Seeking financial and parenting consent order? First, be transparent about the legal process and empower yourself with expert legal advice. Reach out to us and get a free legal consultation today. 

Superannuation Orders 

When dealing with financial orders, superannuation orders address how superannuation interests are considered during property division. This involves determining the value of superannuation assets, considering tax implications, and ensuring procedural fairness for the superannuation fund’s Trustee. 

Parties must provide proof of value and procedural fairness. This requires notifying the Trustee of the superannuation fund at least 28 days to object or consent to the orders sought. 

How to Apply for Consent Orders? 

In Australia, applying for consent orders involves several steps. Here’s a breakdown of the process: 

Before You Begin: 

• Reach an Agreement: This is the most crucial step. You and your former partner need to reach a mutual agreement on the terms of the consent order, whether regarding parenting arrangements, financial division, or both. Open communication and, potentially, mediation can be helpful in achieving this. 

• Seek Legal Advice: While not mandatory, consulting with a qualified family lawyer is highly recommended. They can advise you on your legal rights, ensure the agreement is fair, protect your interests, and guide you through the application process. 

The Application Process

Gather Required Documents

1. Application for Consent Orders: This form can be downloaded from the Federal Circuit and Family Court of Australia (FCFCOA) website. It requires details about the parties involved and the proposed orders. 

2. Draft Consent Orders: This document outlines the agreed-upon terms and conditions. It should be drafted by your lawyer to ensure accuracy and compliance with legal requirements. 

3. Supporting Documents: Depending on the type of consent order you are applying for, additional documents may be required. For financial orders, you may need superannuation statements, property valuations, or evidence of debts. 

File Your Application

There are two ways to submit your application: 

• Electronically: This is the preferred method. You can upload the completed form and supporting documents through the Commonwealth Courts Portal. 

• By Mail or in person: If online filing isn’t an option, you can submit the application package in person at a court registry or mail it to the nearest registry. Contact your local court for specific instructions. 

Also Read: Essential Guide to Initiating Application in Family Court

Court Review and Approval

The court will review your application and consent order to ensure: 

• The agreement is fair and equitable for the parties. 

• The terms are in the best interests of the children involved (applicable to parenting orders). 

• The form was completed correctly, and all necessary documents are attached. 

If the court is satisfied, the consent order will be approved and become a legally binding court order. After approval, you will receive a sealed copy of the consent order from the court. This copy confirms the order’s legality and should be kept safe for future reference. It is essential to follow the terms outlined in the consent order to ensure compliance with the court’s decision. 

Additional Considerations

• Time Limits: There are time limits for filing consent orders for financial orders. Ideally, you should file within 12 months of divorce or 2 years of de facto relationship separation. If you need to file outside this timeframe, you’ll need to seek permission from the court. 

• Fees: There are filing fees associated with submitting a consent order application. The fee for application for consent orders is $195. This fee is set by Federal Government Regulations.   

Avoid costly mistakes! Get a free consultation with one of our lawyers and ensure that your consent order protects your interests. Schedule yours today! 

Is there any exemption on the consent order fee in Australia? 

Yes, there are exemptions available for court fees associated with applying for consent orders in Australia. Individuals may be exempt from paying the cost if they meet specific criteria. Exemptions include: 

1. Holding a concession card issued by Services Australia or the Department of Veterans Affairs, such as a health care card, pensioner concession card, or Commonwealth seniors health card. 

2. Demonstrating financial hardship where payment of the total fee would cause significant financial strain. Applicants undergo a three-part test assessing income, living expenses, liabilities, and assets to determine eligibility for exemption based on financial hardship. 

Applicants who qualify for fee exemptions must complete the relevant exemption form with supporting documentation.  

Benefits of Consent Orders 

Consent orders offer numerous advantages for resolving family law disputes: 

• Legal Certainty: Once approved, consent orders become legally binding, ensuring both parties know what to expect. 

• Control Over Outcome: Parties have more say in the final decision, allowing for personalised arrangements that suit both parties. 

• Preservation of Relationships: Consent orders can maintain positive relationships, especially when children are involved, promoting cooperation and respect. 

• Privacy: Resolving disputes through consent orders is generally more private, keeping negotiations and terms confidential compared to public court proceedings. 

What happens if the court doesn’t approve of a consent order? 

If the court in Australia doesn’t approve your consent order, it won’t become a legally binding agreement. Here’s what typically happens next: 

Communication from the Court: 

You’ll likely receive a notification from the court outlining the reasons for rejection. This could be a letter from the registrar or a judge’s order after a hearing (if one was held). 

Reasons for Rejection: 

There are several reasons why a court might reject a consent order: 

• Fairness: The judge may determine the agreement isn’t fair or equitable for one party, especially regarding finances or child custody. 

• Incomplete Information: The court might require more information about your financial situation or the circumstances surrounding the agreement. 

• Duress or Pressure: If the court suspects one party was pressured or coerced into agreeing, they likely won’t approve the order. 

• Changes in Circumstances: If significant changes occurred since you drafted the order (e.g., job loss, illness), the court might require an update. 

What to Do Next 

• Consult a Lawyer: An experienced family lawyer like a QM lawyer can advise you on revising the agreement to address the court’s concerns and improve its chances of approval. 

• Renegotiate the Agreement: Work with the other party to address the aspects flagged by the court and reach a new agreement that’s fair and considers all relevant factors. 

• Gather Additional Information: If the issue was incomplete information, provide the necessary financial documents or details to support the agreement. 

• Refine the Order: Based on the court’s feedback, revise the wording of the consent order to ensure clarity and comprehensiveness. 

Resubmitting the Application

Once you’ve addressed the court’s concerns and have a revised agreement, you can resubmit the application for consent orders. This might involve following the same filing process as before. 

Conclusion 

By providing a platform for constructive negotiation and compromise, consent orders empower individuals to shape their futures on their terms. From parenting arrangements to financial settlements, these orders serve as pillars of stability, ensuring the best interests of all parties. 

Remember, a calm and collaborative approach not only benefits you but also paves the way for a healthier co-parenting dynamic if children are involved. 

At QM Lawyers, our experienced team is here to support you whether you’re facing challenges with parenting arrangements, financial settlements, or any other family law matter. We will guide you through the intricacies of consent orders and ensure you understand your legal rights and that you are protected throughout the process. 

Contact us today to schedule a consultation and take the first step towards resolution and peace of mind.