Consent Orders once obtained are enforceable by the Court in the event that either party fails to fulfil their obligation’s in the Orders. When the terms of the Orders are breached, the aggrieved party has the right to apply to the Court to enforce the agreed terms of the Consent Order.
A Consent Orders may also provide you with an exemption to paying Transfer Duty on your home it is to be sold or transferred.
What Is The Role Of the Family Court?
A Registrar of the Family Court will review your Consent Orders administratively. This means you may not need to appear before the court.
The Registrar must be satisfied that the agreement is just and equitable and in the best interests of the children before they will approve your Consent Orders.
Are There Any Time Restrictions For Applying For A Consent Order?
Applications can be filed any time after separation but should to be filed within 12 months of a divorce or 2 years of the breakdown of a de facto relationship if parties wish to seek orders from the court. To file outside these timeframes, you will need to seek leave of the court.