Family Law Consent Orders

family law agreements by consent

Resolving your family law property and/or parenting matters by consent

If you and your spouse, whether in a marriage or de facto relationship, wish to resolve your family law property and/or parenting matters and can agree on how to do so you can enter into consent orders. Consent orders are a less costly and more efficient way of resolving your family law matters than engaging in litigation. Many people use mediation or family dispute resolution in order to help in reaching agreement.

Consent Orders relating to family law matters

Special eligibility requirements to make an application for property consent orders

The Family Law Act 1975 (Cth) imposes special requirements to those in de facto relationships in order to meet the jurisdictional requirements to make an application for consent orders relating to property matters.

You must have been engaged in a relationship with your spouse for at least 2 years or had a child together. You must make your application within 2 years of separation or you will be required to seek the leave of the court in order for your application for consent orders to be successful. You may obtain leave of the court should, for example, the court consider it would cause the parties hardship should the orders not be granted.

Parties to a marriage who have divorced have one year from the date of their final divorce to file consent orders. Following the expiry of this one year period parties must seek and obtain the leave of the court in order to obtain consent orders.

consent orders in family law

Who can apply for consent orders involving children?

Any person concerned with the care, welfare and development of a child can apply for parenting orders. The Court must be satisfied that the orders you ask for are in the best interest of the child.

Filing Consent Orders

Consent orders must be filed in the Family Court of Australia. A filing fee of $160 must be paid in order to file the orders. Parties are not required to attend court making consent orders a convenient way to resolve matters over litigation where parties must attend before a Judge throughout the court process.

Should you wish to resolve your parenting and/or property matters please contact us without delay.

What is a consent order?

Family Law consent orders

A consent order is a written agreement that is approved by the court and can deal with both parenting arrangements (including parental responsibility) and financial arrangements (including orders for spousal maintenance). Consent orders have the same legal effect (and are just as enforceable) as if they had been made by the court after a defended hearing. Once final orders have been made (whether by consent or otherwise), they can only be varied or set aside under very limited circumstances.