You have separated and already reached an agreement. Consent Orders are court orders that make your agreement legally binding.
Consent Orders can deal with parenting of children and the division of property and superannuation. You apply to the Court by making an Application for Consent Orders.
Should I get consent orders?
In parenting cases, Consent Orders will create legally binding obligations on the parents. This can reduce the chance of conflict and give certainty for children after separation.
In property and financial cases, it is important to end the financial relationship. This means legally closing the chapter with your ex-partner so no claims can be made in the future.
Will the Court make consent Orders?
After you submit your Application, a Registrar at the Court will review it and determine whether or not to make the Consent Orders.
In parenting cases, the Registrar must be satisfied that your agreement is in the best interests of the child or children considering the factors set out in the Family Law Act.
In property settlements, the Registrar must he satisfied that your agreement is just and equitable considering the factors set out in the Family Law Act
What if the Court rejects an application for consent orders?
After you submit your Application, a Registrar at the Court will review it and determine whether or not to make the Consent Orders.
In parenting cases, the Registrar must be satisfied that your agreement is in the best interests of the child or children considering the factors set out in the Family Law Act.
In property settlements, the Registrar must he satisfied that your agreement is just and equitable considering the factors set out in the Family Law Act.
All work to get your Consent Orders:
(1) Drafting all required documentation - Application and proposed Minutes of Orders.
(2) Formal notification to Super Fund for procedural fairness (if required).
(3) Arrange for all documents to be signed.
(4) Lodge the Application with the Court.
(5) Receive the stamped final Orders within four to six weeks.
(6) Serve the stamped final Orders on the Super Fund (if required).
