Mediations Australia

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 a court approved consent order, 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.

Fast Answer

A consent order is a court approved legal document that makes your divorce/separation agreements legally binding and enforceable. Without one, even written agreements aren’t legally protected. Key points:

• Costs 60-70% less than going to court
• Takes 6-8 weeks to process
• Covers both property and parenting arrangements
• Protects you from future claims, even if your finances improve
• Must be filed within 12 months of divorce for married couples or 24 months of separation for de facto couples

Critical takeaway: Don’t rely on handshake deals or informal agreements, you can’t trust a promise – they’re not legally enforceable. Get your agreements court approved through consent orders to protect your long-term interests.

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 you win the lottery next year, your ex 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 With 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.

What is Separated Under One Roof in Australia?

Separation under one roof occurs when a couple ends their relationship but continues living together in the same home. Under Australian family law, this arrangement requires clear evidence of relationship breakdown, separate living arrangements within the shared home, independent financial management, documentation proving the separationand formal recognition by courts and Centrelink.

According to the Australian Goverment Social Security Guide, separated under one-roof assessments are made under the same principles as determining if a member of a couple relationship exists (2.2.5.30). The decision maker must have regard to all the known circumstances under the 5 factors in making a determination, as well as the reason the 2 people remain living together, such as if there is shared care for mutual children, or if there are cultural or financial reasons.

Many couples confront this complex and highly stressful situation where, despite their decision to separate, financial constraints or family obligations require them to continue sharing a living space . When couples choose to live separately under the same roof, they face unique challenges that require both legal understanding and practical solutions.

Recent data shows why this matters: approximately 25% of separating couples maintain shared living arrangements after their relationship ends. This growing trend directly responds to rising living costs impacting housing choices, housing market pressures affecting relocation options, need for financial stability during transition and a focus on children’s wellbeing and routine.

The Family Law Act 1975 acknowledges that separation can occur while living under the same roof, provided there is evidence of a genuine breakdown in the relationship. This recognition is crucial for various legal processes, including divorce applications and property settlements.

The Legal Framework Explained

When couples live separated under one roof, the law requires clear evidence that your relationship has truly ended, despite sharing a home. You’ll need to show how you handle money independently, where you each sleep and live within the home, how you’ve divided daily responsibilities, your separate social activities and clear messages to family and friends about your separation and arrangements for children (if you have them)

Documentation Requirements

Proving you’re separated while living together requires solid documentation, courts need to see real evidence of your separate lives. To prove separation while living together, you’ll need strong evidence demonstrating independent lives. This includes witness statements from those who’ve observed your distinct living arrangements, financial records demonstrating separate accounts and transactions, evidence of independent social activities, and documentation of separate living spaces within the shared residence.

Separation Under One Roof: Legal Precedents and Case Studies

Several significant court decisions have shaped how separation under one roof is interpreted:

Case Study A: Financial Necessity

The couple continued sharing their residence due to mortgage obligations, maintained separate lives within the home and the court recognized genuine separation despite shared address.

Case Study B: Children’s Interests

The parents prioritized children’s stability, created clear boundaries within their shared space and successfully demonstrated separation while living together.

Case Study C: Health Considerations

One party required ongoing care, maintained separate lives despite physical proximity and court acknowledged their practical necessity of the arrangement.

Separated But Living Together Centrelink Payments: Understanding Your Entitlements

Financial Independence Signs

Financial independence typically starts with separate bank accounts. Experts advise couples to set up their independent financial structure by running separate bank accounts, managing their own bills, making independent financial decisions, handling their own taxes and looking after their personal investments. This separation creates a crucial foundation for moving forward as individuals while establishing clear monetary boundaries during the transition.

Centrelink Separated but Living Together: Must Have Documents

The key to successful Centrelink applications lies in the proper detail and submisssion of the paperwork,  which can make all the difference between approval and rejection. The SS293 form is the crucial starting point – many applications face delays due to incorrect completion of this essential document.

The most convincing applications typically include a properly completed SS293 (I recommend having a lawyer review this), recent statements from family or friends who regularly visit your home, at least 3 months of bank records showing separate finances and roof of your new living arrangements within the home.

Remember: It’s not just about having these documents – it’s about how they work together to show your genuine separation.

Practical Living Arrangements

Making separated under one roof work takes thoughtful planning and careful consideration. Here’s how successful couples manage this arrangement:

Creating Space

Designate clear private areas (your personal space and territory), setting up schedules for shared spaces (like kitchen, eating and laundry times and shared schedules), establish bathroom routines and creating separate storage solutions.

Managing Money

Split bills fairly (consider a spreadsheet or an app), keeping receipts for separate purchases, maintaining independent budgets and document shared expense arrangements.

Common Mistakes to Avoid

Documentation Errors

Throughout the years, consistent patterns have emerged in application rejections at the Federal Circuit and Family Court. Recent cases demonstrate the critical importance of precise documentation and thorough evidence, I’ve observed several common mistakes when helping clients complete the SS293 form.

When financial evidence is inconsistent with the statutory declaration, applications are commonly rejected, as demonstrated in a recent successful appeal. This procedural oversight resulted in significant delays and additional court appearances. Similar documentation inconsistencies account for approximately 40% of initial application rejections in Federal Circuit and Family Court cases.

Applications can face rejection despite documenting separate sleeping arrangements if they lack comprehensive evidence of independent living. In some cases, the Court will approve an application within the standard processing timeframe only after receiving detailed affidavits outlining distinct daily schedules, meal preparations, and separate financial management. This demonstrates the level of detail required for successful Court approval.

Critical Documentation Requirements:

1. Comprehensive evidence of separate living arrangements, including detailed affidavits of daily routines
2. Current financial documentation (statements must be no older than three months)
3. Consistent information across all submitted forms and declarations
4. Properly executed statutory declarations with authorized witness signatures

The most common issues I have helped clients fix are:

• Vague statements about living arrangements (be specific about separate spaces and routines)
• Outdated bank statements (Centrelink wants to see your current situation)
• Contradicting information between different forms
• Missing signatures on statutory declarations (happens more often than you’d think!)

Critical Documentation Mistakes That Can Delay Your Application

Applications often face delays or rejection due to preventable documentation errors. Common oversights can cause significant setbacks in processing times at the Court. For example, many applications have faced three week delays because the supporting affidavits didn’t adequately detail the separate financial arrangements within the shared home. The application received prompt approval after submission of comprehensive bank statements and a detailed living arrangement declaration.

Common Documentation Issues We Address:

• Missing bank statements demonstrating separate financial lives
• Insufficient detail in statutory declarations about living arrangements
• Inconsistencies between witness statements and provided evidence
• Outdated supporting documentation (Centrelink requires evidence from the last 3 months)

Critical Process Errors We Frequently Identify

Certain procedural errors consistently cause delays in Court applications. Recent cases show that technical oversights frequently lead to initial rejections, though these can be successfully remedied with proper documentation and attention to detail.

Key Procedural Requirements:

1. Submission timing must align with Court deadlines
2. All declarations require proper witnessing by authorized persons
3. Supporting evidence must be current and properly certified
4. Changes in circumstances need prompt notification

Applications to the Federal Circuit Court often face rejection due to incorrectly witnessed statutory declarations. Proper execution of all documents can secure approval within 14 days, significantly reducing processing delays.

Common Content Deficiencies in Federal Circuit Court Applications

The Court often identifies inconsistencies between the stated separation dates and supporting financial documentation, requiring significant amendments. A subsequent revision, incorporating comprehensive timeline evidence, secured approval within standard processing periods.

Key Content Requirements:

1. Precise chronological documentation of separation events
2. Detailed evidence supporting lifestyle changes
3. Comprehensive financial separation evidence
4. Clear articulation of living arrangements
5. Thorough explanation of parenting matters (where applicable)

Documentation Standards Required by the Court

At Mediations Australia, our team successfully remedied applications initially rejected for insufficient detail. The revised submissions included detailed affidavits establishing clear separation timelines, comprehensive financial records demonstrating independence, thorough documentation of separate living arrangements and supporting witness statements from appropriate parties.

Through our systematic approach to application preparation, we maintain a 94% success rate for first submission approvals across all Australian jurisdictions.

Practical Considerations

Banking Arrangements

Separate bank accounts, bill payment systems, savings strategies, investment management, debt handling, and emergency funds are crucial for financial independence.

Expense Division

When sharing a living space, common costs often include utilities (electricity, gas, water, and internet), groceries, maintenance expenses, insurance premiums, personal spending money, and property related costs like mortgage payments or rent. Mortgage payments, property taxes, and HOA fees (if applicable). By openly discussing and agreeing upon a division strategy, roommates or partners can avoid potential financial disputes.

Record Keeping

Excellent record keeping is crucial for financial accountability. This includes maintaining a comprehensive collection of documents such as payment receipts, bank statements, bill payments, contribution records, purchase documentation, and any relevant financial agreements.

Communication Strategies

Daily Management

Strategic daily management planning is essential for a smooth running shared living arrangement. Utilizing a shared calendar for house related tasks, keeping conversations focused on practical matters, maintaining respectful boundaries, documenting important decisions, and potentially using co-parenting apps for child-related matters can significantly improve communication and reduce potential conflicts.

Written Agreements

A well structured written agreement is essential for living together peacefully and harmoniously. It should outline key aspects such as house rules governing cleanliness, noise levels, and shared spaces; financial arrangements detailing expense division and contribution expectations; schedule coordination for shared amenities; space usage guidelines; guest policies; and maintenance responsibilities to ensure a smooth living experience for all parties involved.

Conflict Resolution

Conflict resolution is vital for maintaining positive relationships within a shared living situation. Implementing strategies such as mediation processes, structured discussion guidelines, and problem solving approaches can help address disagreements peacefully. In some cases, seeking professional support may be beneficial. Establishing clear boundaries and regularly reviewing the living arrangement can also help prevent conflicts and promote a harmonious living environment.

Children’s Communication

When co-parenting, effective communication is absolutely paramount. Key areas to consider include developing a detailed parenting schedule, collaboratively making education decisions, coordinating healthcare needs, planning activities, arranging holiday schedules, and determining the level of involvement for extended family members. Open and honest communication is essential to ensure the well-being and happiness of the kids and protect against the growing trend of parental alienation.

Living Together But Separated: Finding Peace Under One Roof

The pressure of sharing a home after separation can feel suffocating. Those awkward kitchen encounters, the tension in shared spaces, walking on eggshells in your own home – it’s an emotional strain that affects every aspect of daily life. But what if you could transform this challenging situation into a manageable transition?

Mediation creates breathing space within shared walls. While protecting your financial future, it helps establish clear boundaries that let both parties start healing and rebuilding that foundation. For parents, this means maintaining stability for the children while creating separate lives – no more tense family dinners or strained conversations in front of the kids.

Our experienced mediators help you develop practical solutions for living separately together. From creating private spaces to managing shared areas, we’ve guided countless couples through this delicate and emotional transition. With structured mediation, you can protect your assets and emotional wellbeing without rushed decisions or costly legal battles.

Legal Guidance

Seeking legal guidance is crucial during a separation or a divorce. Unlike traditional firms that force you to choose between a mediator or lawyer, we seamlessly blend both. Our unique team combines nationally accredited mediators and experienced family lawyers, providing comprehensive support throughout your separation journey.

When legal complexity meets emotional reality, our dual expertise ensures you’re protected on all fronts. Our mediators guide peaceful resolutions while our lawyers safeguard your rights – creating solutions that are both practical and legally sound. This integrated approach not only saves you time and money but ensures every agreement made stands the test of time.

Money Management

Good money management is crucial during and after a separation. Implementing smart budgeting strategies, protecting investments, developing debt handling plans, safeguarding assets, and mapping out future financial goals can positively impact your long term financial well-being. Consulting with a financial advisor can provide expert guidance and help you make informed decisions.

Personal Growth Support

Nurturing personal growth during a separation is crucial and is important for sustained mental health. Consider seeking professional counseling to gain insights and coping strategies to help you deal with these emotionally draining experiences. Mediation can provide a structured platform in a safe environement for resolving conflicts much more effectively. Connecting with support groups can offer empathy and understanding from others who have been through similar experiences as you. Career development planning can help you focus on your professional goals and help give you direction anf your life more meaning. Accessing mental health care can address emotional challenges and promote overall well-being into the future. Building essential life skills, such as time management and stress reduction, can empower you to thrive and survive tough life events. And finally, surrounding yourself with supportive friends who can relate to your situation can provide invaluable emotional support.

Conclusion

Confronting the separation process requires careful planning, clear documentation, and good professional support. While this arrangement can present significant challenges, understanding your legal rights and responsibilities is crucial for protecting your interests. The key to success lies in maintaining clear boundaries, documenting all arrangements, and seeking appropriate professional support when needed. Remember that this situation is temporary, and with proper planning and support, you can successfully transition to independent living arrangements. Whether you’re dealing with Centrelink requirements, legal documentation, or practical daily arrangements, maintaining clear boundaries and documentation is essential for those who are considering this option.

Getting Professional Support Across Australia

Stop Living in Limbo. Start Living Again.

Transform your shared space from tension to peaceful resolution. Our expert mediators help create workable solutions in days, not years – saving you up to $150,000 in legal fees.

We have a team of family lawyers and mediators who can assist you in Canberra, Perth, Adelaide, Melbourne, Sydney, Brisbane, Gold Coast and all other locations in Australia. We ensure consistent, high quality mediation services nationwide.

We Strive and Work Tirelessly Towards

• Establish clear boundaries and agreements
• Create workable household arrangements
• Develop effective communication strategies
• Navigate shared parenting responsibilities
• Manage financial arrangements fairly

Take the First Step

Don’t face being separated under one roof alone. 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.

What are Intervention Orders in Australia

Intervention orders in Australia are legal protection orders designed to prevent family violence and abuse. Though named differently across states, court enforced orders restrict an alleged abuser’s behavior towards the protected person. They typically prevent the respondent from approaching, contacting, or intimidating the protected person and their family members. These orders can cover physical, emotional, psychological, sexual, and financial abuse, making them a crucial tool for protecting vulnerable Australians from family violence

Domestic and family violence is a terrible fact of Australian life, affecting many thousands of people every year.

The type of harmful behaviour that can be encompassed by this sort of violence includes:

• physical intimidation of one person by another
• hitting or pushing them
• sexual and emotional abuse
• psychological abuse
• financial abuse

Controlling or coercing behaviour – restricting who another person communicates with, humiliating and belittling them, and determining how, when and where they spend money are all species of domestic and family violence.

Family members to whom this type of order can apply include spouses, siblings, children, parents, grandparents, step-children, relatives and others who are in intimate or family-type relationships.

The effects of this sort of behaviour, particularly where children are present and witness it, can harm the family members involved for the rest of their lives.

Protective Orders

One way police and courts try to both pre-empt and prevent these forms of abuse is through protective orders, which go by different titles in Australia’s states and territories. These legally enforceable court orders seek to provide a person, their family and their property with protection from a person who is, or they believe will, commit acts of violence towards them.

In Victoria, these orders are known as Family Violence Intervention Orders (FVIOs). South Australia also refers to them as Intervention Orders (IOs).

In other jurisdictions of Australia, protective orders are referred to as:

• A Domestic Violence Order (DVO) in Queensland
• an Apprehended Violence Order (AVO) in NSW;
• a Family Violence Restraining Order (FVRO) in Western Australia;
• a Family Violence Order (FVO) or Police Family Violence Order (PVFO) in Tasmania;
• a Domestic Violence Protection Order (DVO) in the ACT, and;
• a Domestic Violence Protection Order (DVO) in the Northern Territory.

Navigating Different Protection Orders

Understanding IVOs (Intervention Violence Orders)

• Used primarily in Victoria
• Focuses on family violence
• Covers intimate relationships
• Includes economic abuse
• Protects affected family members

Understanding AVOs (Apprehended Violence Orders)

• Common in NSW
• Two distinct types
• Broader protection scope
• Can include non-family members
• Addresses immediate safety concerns

Understanding DVOs (Domestic Violence Orders)

• Queensland terminology
• Specific to domestic relationships
• Covers cohabitation situations
• Includes children’s protection
• Addresses family safety

Intervention Order Mediation Process

Mediation offers a powerful alternative for resolving intervention order matters, providing a secure and structured environment where both parties can communicate effectively. Our expert mediators facilitate constructive discussions that lead to practical, lasting solutions while significantly reducing both emotional and financial costs. Through mediation, you can often achieve faster resolutions than through court proceedings, with outcomes that both parties have actively shaped. This approach helps maintain dignity and control over the process, particularly valuable in sensitive family matters involving intervention orders. The mediation pathway also allows for more flexible and nuanced solutions that court orders might not accommodate, while ensuring all parties feel heard and respected throughout the process.

By choosing mediation, you can achieve significant cost effective outcomes while addressing complex issues with dignity and respect.

How Mediations Australia Can Help with Intervention Orders

At Mediations Australia, we understand the complexities and sensitivities surrounding intervention orders, offering a comprehensive and understanding approach through both mediation and legal pathways. Our nationally accredited mediators create a secure environment where parties can work toward practical solutions, often achieving faster and a much more cost effective outcome than traditional court proceedings. When mediation isn’t suitable, our experienced family lawyers step in with specialized legal expertise in intervention orders across all Australian jurisdictions. This dual expertise allows us to tailor our approach to your specific situation – whether that means skilled mediation to reach workable agreements, or strong legal representation to protect your interests. Our team has helped countless families confront intervention order matters, from initial applications to managing existing orders, particularly in cases involving children or complex family dynamics. We pride ourselves on offering clear, practical guidance while ensuring you understand all your options, whether through mediation or legal channels.

Frequently Asked Questions

What is the difference between IVO and AVO?

IVOs (Intervention Violence Orders) are primarily used in Victoria for family violence matters, while AVOs (Apprehended Violence Orders) are NSW-based orders that can cover both domestic and personal violence situations. At Mediations Australia, we help clients understand which order best suits their circumstances.

What is the difference between AVO and DVO?

AVOs are New South Wales orders with two categories (domestic and personal), while DVOs (Domestic Violence Orders) are Queensland-specific orders focusing exclusively on domestic relationships. Our mediators can explain the relevant protections in your state.

What is an example of a breach of intervention order?

Common breaches include:

• Unauthorized contact (calls, texts, emails)
• Coming within restricted distance
• Using social media to communicate
• Sending messages through third parties
• Attending prohibited locations

What are the two types of AVO?

1. Apprehended Domestic Violence Orders (ADVO):
   • For family or intimate relationships
   • Covers current/former partners
   • Includes relatives and caregivers
2. Apprehended Personal Violence Orders (APVO):
   • For non-family relationships
   • Covers neighbors, colleagues
   • Addresses stalking/intimidation

Does an AVO go on your criminal record?

An AVO itself is not a criminal charge and won’t appear on your criminal record. However, breaching an AVO is a criminal offense and will result in a criminal record. Our mediation services help establish workable arrangements to prevent breaches.

How do Family Violence Intervention Orders Work?

Family Violence Intervention Orders (FVIOs) are legal documents designed to protect individuals from family violence. Here’s how they work:

Application Process

Online applications are available in most states, you can apply through police or Magistrates Court, no court appearance needed for initial application and is a free service.

Required Information

1. Respondent’s details (name, address)
2. Details of threatening behavior
3. Evidence of risk
4. Children’s information if applicable

Court Process

An interim order can be issued immediately, requiring the respondent to receive a court summons. A final hearing will be scheduled, and protection measures can be put in place, even if the respondent fails to attend the hearing.

When Orders are Granted

Orders are issued when:

• Family violence has occurred
• Risk of reoccurrence exists
• Applicant fears for safety

How does an FVIO work once the order is made?

The order will set out conditions that the respondent must strictly observe. Failure to do so is a criminal offence and the police may arrest and charge the respondent.

Some protective orders include standard conditions but the application can specify certain other conditions in seeking protection from the respondent.

Most commonly, conditions in an FVIO or other protective order will prevent the respondent from:

• Approaching or remaining within a certain distance of the protected person;
• attempt to locate, follow or surveil the protected person;
• contact or communicate with the protected person by any means;
• damage the protected person’s property, including things that are jointly owned by the protected person and respondent, such as pets;
• send an email or post on social media or other electronic communication any material about the protected person;
• get another person to do anything the respondent must not do under the order.

The applicant can also request their personal property, or that of a family member, be returned to them, and that jointly owned property the protected person relies on upon (such as a car) be returned.

A respondent may also be provided with an opportunity to retrieve personal property from a home of the respondent, most likely under police supervision.

The respondent may also be required to hand in any firearms or weapons to the police and have any weapons licences cancelled.

The FVIO is in effect until it expires or is cancelled by a magistrate.

What happens if there are also parenting orders in place?

In making an intervention order a magistrate can change, vary or suspend an existing Federal Circuit and Family Court of Australia (FCFCOA) parenting order if there is a risk of domestic or family violence.

The court must carefully consider any inconsistency between the making of intervention orders and parenting orders, balanced against the risk of family violence.

If intervention orders are in place when parents make an application for parenting orders, the FCFCOA may make orders that override the protection orders. This will usually be done to allow handover of children or so that the applicant and the respondent can attend family dispute resolution, counselling or a court proceeding.

A family dispute resolution practitioner may advise that compulsory mediation between parents prior to applying to the court for parenting orders, required by Australia’s Family Law Act, is not appropriate in the particular family situation.

Alternatively, if there is a protection order in place, an exception may be made to its conditions to allow mediation between the applicant and respondent to take place about the living arrangements for the children.

If an intervention order is in place, the FCFCOA must be told about the order when parenting orders are applied for because its existence may affect the substance of the orders the Court makes about a child spending time with a parent or another person.

The importance of good legal advice

The need for an FVIO or other protection orders can make an already complicated family situation even more complex.

Particularly where a couple or ex-couple have parenting orders in place or are seeking orders about where the children from the relationship live and how they are raised, the introduction of protective orders restricting one parent from interacting with the other can have a terrible effect on the children.

Mediations Australia offers expert legal practitioners to advise people who find themselves in this difficult circumstance. We have a team of family lawyers and mediators who can assist you in Gold Coast, Brisbane, Canberra, Perth, Adelaide, Melbourne, Sydney, and all other locations in Australia. We also do international family law matters.