Just reached an agreement with your ex about property division or parenting arrangements? Before you shake hands and move on, there’s something really important you need to know. Without court approved consent orders, that agreement isn’t legally binding – no matter how solid that handshake was.
If both parties are able to reach an agreement on how to divide their assets and/or on the care, welfare, and development of their children, the Family Court can issue orders based on their mutual agreement, which is known as consent, in order to resolve their differences. Neither of you will have to attend in court, but you will have to submit your agreement for the court’s review and approval instead of appearing in person.
Let me explain what consent orders are and why they matter to your future.
According to the latest statistics from the Federal Circuit and Family Court, in 2022–23, 15,782 applications for consent orders were filed in the Federal Circuit and Family Court of Australia (Division 2), and 15,974 applications were finalised. The majority of family law matters are resolved through consent orders, with a significant number of applications filed each year.
Understanding Consent Orders: Legal Protection Without Court Battles
Consent orders represent a smarter alternative to both informal agreements and costly litigation. These court-approved documents carry the same legal weight as orders made after lengthy court hearings but typically cost 60-70% less. The Federal Circuit and Family Court of Australia reviews and approves these orders, ensuring they’re legally binding and enforceable.
A crucial advantage is maintaining control over outcomes while gaining court protection. Unlike handshake deals or informal arrangements, consent orders prevent former partners from making future claims against you – even if you win the lottery or your financial situation improves significantly. This protection alone makes consent orders invaluable for your long-term security.
But alternatively, before seeking court orders, mediation can help you reach an agreement that preserves relationships and saves significant legal costs. While consent orders typically cost about one-third of court proceedings, reaching an agreement first, perhaps through a Binding Financial Agreement (BFA), often leads to better long-term outcomes for everyone involved.
Consent Orders are legally binding agreements between parties, typically used in family law matters, that have been approved by the court.
How to File Consent Order Applications: Step by Step Guide
Let’s walk through how to get your agreement turned into consent orders. Don’t worry – it’s much simpler than going to court, but there are some crucial steps you need to get right.
Handling Your Application Form: Essential Requirements
The first step is completing the application form. You’ll need to be upfront about your financial situation and arrangements for any children. Many people ask me if they can leave things out. The short answer is no – full disclosure is essential. If you hide assets or information, the court can overturn your orders later.
Crafting Effective Proposed Orders: What Courts Need
This is where many people stumble. Your orders need to be crystal clear about who’s getting what and when. For example, instead of saying “Bob will transfer money to Jane,” you need to specify exactly how much and by when. I’ve seen many orders rejected because they weren’t specific enough.
Proposed orders outline exactly what you and your ex-partner have agreed to, written in a way the court can enforce. They transform your agreement into precise legal instructions that protect both parties’ interests. The court then reviews these orders to ensure they’re fair before making them legally binding.
Critical Notices and Documentation: Don’t Miss These Steps
For parenting consent orders, you must tell the court about any family violence or child safety concerns. This notice helps protect children by ensuring the court knows about any risks before approving arrangements.
Why Choose Consent Orders? 5 Things You Might Not Know
The biggest question I get is: “Why can’t we just write up our own agreement?” Here’s why consent orders are worth the effort:
They’re legally enforceable – if your ex stops following the agreement, you have real options.
They protect your future – even if your ex wins the lottery next year, they can’t come back for more.
They save money – most consent orders cost between $5,000-$8,000, compared to $50,000+ for court battles.
They’re quick – usually finalized within 6-8 weeks, not years.
They give you certainty – no more worrying about whether the agreement will stick.
Property Consent Order: Protecting Your Financial Security
When ending a relationship, a Property Consent Order is a legally binding agreement that outlines how assets and debts will be divided. It’s crucial to approach this process with careful consideration to ensure your financial security.
Key Factors in Property Settlements
Australian courts take various factors into account when determining fair property settlements. These include:
- Initial Contributions: The financial resources each partner brought into the relationship, such as savings, investments, or property.
- Inheritances and Gifts: Any assets received from family or friends during the relationship.
- Pre-Relationship Assets: Property owned by either partner before the relationship began.
- Financial Contributions: Earnings, wages, and other income contributed to the relationship.
- Non-Financial Contributions: Contributions to the family’s well-being, such as childcare, housework, or emotional support.
- Homemaker and Parenting Roles: The value of time spent on domestic duties and raising children.
- Career Sacrifices: Any career opportunities or promotions forgone to prioritize family responsibilities.
- Future Earning Capacity: Potential income differences between partners, considering factors like age, health, and education.
- Age and Health: The impact of age and health on future earning capacity and lifestyle.
- Childcare Responsibilities: The burden of caring for children and its effect on future earning potential.
- Business and Investment Interests: The value of any businesses or investments owned by either partner.
- Superannuation: Retirement savings accumulated during the relationship.
By understanding these factors and seeking legal advice, you can make informed decisions about your financial future.
Parenting Consent Orders: Nurturing Your Children’s Best Interests
When parents separate, a Parenting Consent Order outlines the arrangements for their children’s care and upbringing. These orders are designed to prioritize the best interests of the child and provide a stable environment.
Key Considerations in Parenting Orders:
- Living Arrangements: Determining where the child will live and how much time they will spend with each parent.
- Decision Making: Outlining who will make important decisions about the child’s education, healthcare, and religious upbringing.
- Education: Specifying the child’s school, any special educational needs, and extracurricular activities.
- Healthcare: Detailing medical decisions, including doctors, dentists, and any specific health concerns.
- Religious and Cultural Upbringing: Addressing the child’s exposure to religious practices and cultural traditions.
- International Travel: Setting guidelines for travel outside of Australia, including passports and visas.
- Communication: Establishing clear communication channels between parents to discuss the child’s needs and well-being.
- Changeover Arrangements: Defining the procedures for transferring the child between parents.
- Special Occasions and Holidays: Planning for celebrations like birthdays, holidays, and other significant events.
It’s important to remember that Parenting Consent Orders can be flexible and can be adjusted as the child’s needs change. By working together and seeking legal advice, parents can create arrangements that support their child’s emotional and developmental well-being.
Critical Timeframes and Deadlines: When to Act on a Consent Order
Typically, expect about 6 to 8 weeks for the court to process your consent orders. During this time, a court registrar reviews your agreement to ensure it’s fair for everyone involved. Once they’re satisfied, they’ll approve your orders, making them legally binding.
Remember, time is crucial when it comes to formalizing your separation agreement through consent orders. Many couples make the costly mistake of waiting too long, not realizing strict deadlines apply. For married couples, you have just 12 months from your divorce date to file consent orders, while de facto couples must file within 24 months of separation. Missing these deadlines means seeking special court permission – a process that’s not only expensive and time consuming but offers no guarantee of success. Taking action early protects your financial future by ensuring fair asset division, safeguards your children’s interests through clear parenting arrangements, and helps reduce the stress and conflict that often comes with prolonged uncertainty. The sooner you act, the sooner you can move forward with confidence and security.
Frequently Asked Questions
What is the purpose of a consent order?
A consent order turns your private agreement into a legally binding court order. This means if your ex-partner stops following the agreement, you can ask the court to enforce it. Without consent orders, even written agreements aren’t legally enforceable.
What is the meaning of consent order?
A consent order is a legally binding document approved by the court that formalizes agreements between separated couples. It covers arrangements like property division and parenting without the need for a court hearing, saving both time and money.
What is the difference between a consent order and an order?
A consent order is made when both parties agree to the terms, while a court order is imposed by a judge after a court hearing. Consent orders typically cost less, take less time, and give you more control over the outcome compared to court imposed orders.
Is a consent order the same as a parenting order?
While both are legally binding, a parenting order specifically deals with children’s arrangements, like where they’ll live and how they’ll spend time with each parent. Consent orders can include parenting arrangements, but they can also cover property settlement and financial matters. The key difference is that parenting orders through consent mean both parents have agreed to the arrangements rather than having them imposed by a court.
Expert Guidance: A Smarter Path Forward
While consent orders are essential for making agreements legally binding, how you reach that agreement matters. At Mediations Australia, we’ve seen countless couples spend years and hundreds of thousands of dollars fighting through courts to get orders, when there’s a clearer and better way.
Our approach combines early intervention mediation with expert legal guidance. Here’s why this matters for your consent orders:
- Resolve issues in days instead of years
- Save tens of thousands in legal fees
- Keep control of your decisions
- Maintain better relationships for your children
- Get legally binding outcomes
We are nationally accredited mediators and qualified family lawyers. This means we can help you:
- Reach agreement through mediation
- Draft proper consent orders
- Make everything legally binding
- Protect your long-term interests
Contact Mediations Australia for a confidential consultation with our family law experts or mediation specialists. We’ll help you understand your options and develop a practical plan that works.
