Formalise your Agreement with Consent Orders

“The family law system in Australia is groaning under the weight of a vast backlog of more than 20,000 cases and families are waiting up to five years for bitter child custody and property disputes to be resolved.”

Sydney Morning Herald, 18 August 2018

Why You Need Consent Orders

Have you come to an agreement with your former partner in relation to parenting or property (or both) and now want to have the agreement legally binding? If this is the case, you need consent orders.

At Mediations Australia, our team can assist you in having that agreement drafted into content orders.

Commonly Asked Questions

What are Consent Orders?

Simply put, if you have reached an agreement with your former spouse in relation to parenting and/or property matters, you will want this agreement to be legally binding. To ensure that the agreement is legally binding, that agreement needs to be drafted into “consent orders” and filed in the Family Court of Australia.

If for example you have reached an agreement but do not have that agreement legally binding it holds no legal weight. Hence the importance of “consent orders.”

At Mediations Australia, following your mediation, at your request, we can seamlessly have the agreement drafted into consent orders for you.

Why Choose Mediations Australia for Consent Orders?

Whether or not you have used Mediations Australia or not to reach an agreement in relation to your parenting and/or property-related matters, we can assist you to have the agreement drafted into consent orders.

At Mediations Australia, we’re resolution focussed and for this reason, our lawyers have strong expertise and experience in drafting consent orders for our clients.

We’re Close to Reaching an Agreement. Can Mediations Australia Help?

Yes, we sure can.  We help many people involved in family law disputes who are close to an agreement but need a mediator to assist with the finer or closing details.  This may be achieved in a few hours.  Once we have assisted you and your former partner reach an agreement, we will then be able to take care of the drafting of the consent orders.

What are the Benefits of Consent Orders?

As stated previously, consent orders are essential once you and your former partner have come to an agreement regarding parenting and/or property matters. Consent orders make your agreement legally binding. If you don’t have a legally binding agreement, then you have no recourse if your former partner breaches that agreement. Conversely, if you have consent orders and your former partner breaches those orders or a condition within the order, they in effect have breached a court order that can have serious ramifications for them.

Consent Orders are a common-sense way of ensuring the agreement is abided by.

Can We Do Our Own Consent Orders?

Sure. You can do this and there are downloads on the Family Court of Australia website. But you need to understand the importance of this documented agreement. It is a contract and it is our recommendation that it be treated as such. This means that you should have a qualified lawyer draft consent orders for you to minimise the risk of them being incorrect and potentially not accepted by the court.

By having consent orders legally drafted you can rest assured that the orders are an accurate depiction of your agreement.

Consent Orders for Property and/or Parenting Matters

Consent Orders typically include matters relating to property or parenting.

In relation to Children’s Orders, Consent Orders may include:

  • Parenting arrangements between the parents of the child or children;
  • Who has parental responsibility;
  • Travel arrangements of the child or children;
  • Relevant times and days etc for changeover of the child or children.

Financial Orders can include things such as:

  • What happens to the family home;
  • What happens to all the other assets (including superannuation);
  • How the debts will be managed etc
  • Any other financial matters that derive from the relationship.

As you can see, consent orders often have a big job to do. Ensuring that they are correctly drafted and embody the full agreement is fundamentally important. The last thing you need is to have consent orders that do not cover off everything. By getting them wrong not only can be very expensive to fix, but you may find that particularly in relation to parenting matters if the consent orders are filed, you may not be able to amend them.

Applying for Consent Orders

The term “applying for consent orders” simply means the process of drafting and filing the “consent orders” in the court.

But very importantly, there are strict times limits in applying for consent orders.

You have to file an Application for Consent Orders following separation but it should be filed within 1 year of a divorce or two years following the end of a de facto relationship.

If you are outside the time limits for either of these matters, you will need to seek leave of the Court to file your consent orders.

Talk to the team at Mediations Australia about applying for consent orders.

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