Consent Orders
What are Consent Orders?
Consent Orders are written agreements between parties that, once filed, reviewed and stamped by the court, become enforceable orders.
Consent Orders include information pertaining to agreement reached between the parties with respect to:
- Parenting – Including parental responsibility, living arrangements for children, time that children spend with each parent, communication between the children and each parent, and other matters relevant to the day to day care, welfare and development of the child.
- Property – Including the division of assets and liabilities, and superannuation splitting.
- Spousal or De-facto maintenance
It is not unusual as children grow up for the Consent Orders to need to be amended to reflect the changing circumstances. If you are applying again by consent you will only need to demonstrate the changed orders are in the best interest of the child. If you can’t agree to the changes, then you will need to ensure you pass the Rice v Asplund threshold to ensure that the circumstances have changed significantly enough to warrant a change to the orders.
Some changes which have been successfully argued has been sufficiently significant include the following:
- A substantial period of time has elapsed since the Final Orders were made;
- There has been abuse of the child;
- A party has since remarried;
- The Court was not made aware of all relevant information at the time of making the original Order;
- The living situation of the parties has significantly changed; or
- A party is seeking to relocate with the child.
Whether Consent Orders are an appropriate resolution to family law matters will depend on the circumstances of each matter. Our experienced family lawyers are able to assist in determining whether Consent Orders are appropriate in your circumstances.
Our Team of Family Lawyers can guide you through the legal process of seeking a fair parenting arrangement and/or property settlement as quickly as possible.
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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 is 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, turning it into a binding order enforceable across Australia.
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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 obligations 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 Order also provides you with an exemption to paying Transfer Duty on your home if is to be 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.
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 Order also provides you with an exemption to paying Transfer Duty on your home if is to be 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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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.
