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What are Consent Orders?

Consent Orders are written agreements between parties that once filed, reviewed and stamped by the court become enforable orders.

Consent Orders include information pertaining to agreement reached between the parties with respect to:

  • Parenting – This includes how decisions are made for the child, when does a child spend time with each parent, travel arrangements and method of communication (between the parent and child, or even between the parents); and
  • Property – This includes details with respect to the division of property, a superannuation split, cash payments (i.e. lump sum or periodic)
  • Spousal or De-facto mainenance

Our Process

Our Family Law team has years of experience in Family Matters in Brisbane. We speak your language and do our best to simplify the complexity of Family Law.

Free 15 Minute Consultation

01

Review Your Agreements

02

Prepare Consent Orders

04

Lodge Consent Orders With Court

04

What Agreement Is Necessary Before Consent Orders Can Be Filed?

The Family Court system encourage’s both parties to collaborate amicably and reduce the impact of the separation on your children. The team at A.L.F. Lawyers understand how stressful and confusing a Separation can be to you and your children.

The formalisation of an agreement between parents with respect to the children and their finances are the first step in this process.

Once the agreement is reached, you can elect to apply for Consent Orders to the Federal Circuit Court or the Family Court (depending on the complexity of your matter).  Your agreement is stamped by the Court, turnint it into a binding order enforceable across Australia.

Why Should We Apply for A Consent Order?

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.

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