How Long Do Consent Orders Take in Australia? A Comprehensive Guide

Consent orders are legally binding agreements approved by the Family Court of Australia under Section 90D of the Family Law Act 1975 (Cth). These orders are made with the mutual agreement of both parties involved in a family law matter, such as divorce or separation.

When parties reach an agreement on the terms of their settlement, they may seek consent orders to formalize arrangements regarding various issues such as property settlements, parenting arrangements, and spousal maintenance. Securing court approval for the agreement provides both parties with certainty and finality, ensuring that the terms become legally enforceable.

Legal Framework for Consent Orders in Australia

Under Section 90D of the Family Law Act 1975 (Cth), parties to a marriage or de facto relationship can file an application for the court to make consent orders in accordance with their written agreement. The court must be satisfied that the orders are “just and equitable” based on the information provided.

A pivotal case in this context is Harris & Dewell and Anor [2018] FamCAFC 94, which clarified that when assessing consent orders, the court must consider whether the orders are fair to the parties involved. This benchmark serves as a guiding principle for the courts to evaluate the specific terms being proposed by the parties.

How Long do Consent Orders Take: Factors Affecting the Time Frame

The timeframe for obtaining consent orders can greatly vary and depends on several key factors, which should be understood by both legal professionals and their clients.

Complexity of the Agreement

The legal complexity inherent in the agreement is one of the most significant factors influencing the time frame for obtaining consent orders. When agreements involve sophisticated financial arrangements—such as those dealing with businesses, trusts, or superannuation funds—additional time may be required for drafting, negotiation, and court approval.

Similarly, arrangements related to child custody that fall outside standard procedures could necessitate more extensive discussions and revisions. Ensuring thorough and clear terms in complex agreements will ultimately lead to a smoother consent order process.

Correct Filing of Required Documents

Properly filing all necessary documents is crucial for preventing delays in the consent order process. The Family Court of Australia mandates specific requirements concerning the format and content of the consent order application. Incorrectly completed or incomplete submissions can lead to rejection of applications, resulting in further delays.

Parties preparing consent orders should utilize available checklists and guidelines designed by the Family Court. Taking proactive steps to ensure all documents are correctly filed can significantly streamline the application process.

The Court’s Workload and Processing Times

The workload of the Family Court can also impact the duration required to obtain consent orders. The volume of applications received by the court can fluctuate, causing delays. According to available information, the court generally processes consent order applications within a timeframe of 4-12 weeks from the date of filing, although this estimate may vary depending on current workloads and case complexities.

Legal professionals should remain cognizant of potential delays and keep their clients informed about the status of their applications by regularly checking with the court registry for the latest processing information.

The Consent Order Application Process: Step by Step

Ensuring clients understand the steps involved in applying for consent orders can facilitate a smoother experience throughout the process.

Drafting the Terms of the Agreement

Initiating the consent order process requires drafting clear terms outlining both parties’ agreements. The agreement should comprehensively address the division of assets and liabilities, any spousal maintenance provisions, and detailed parenting arrangements.

A well-drafted consent order utilizes straightforward language and explicitly states all relevant terms, reducing the likelihood of disputes later on.

Filing the Application with the Court

Once the agreement terms are settled, parties must file the application with the Family Court of Australia using prescribed forms. This includes:

1. Application for Consent Orders (Form 11)
2. Draft Consent Orders in the required format
3. Affidavit from each party detailing financial circumstances
4. Superannuation Information Form (if relevant)
5. Notice of Child Abuse, Family Violence, or Risk (if applicable)

Filing can occur online through the Commonwealth Courts Portal or in-person at a family court registry, with the requisite fees being applicable unless exemptions are warranted.

The Court’s Review and Approval Process

Following the application submission, the court’s review is critical to determining whether the proposed orders are just and equitable. Various considerations come into play, including each party’s financial circumstances, contributions during the relationship, future needs, and the best interests of any children involved.

If the court confirms satisfaction with the agreement, it will issue the orders as requested. Should further information be required, the court might call for supplementary documentation or set a hearing date.

Receiving the Approved Consent Orders

The court will provide each party with a sealed copy of the approved consent orders. These orders take effect from the date specified barring any contrary indications. All parties should meticulously review the sealed orders to ensure alignment with agreed terms. Any errors should be promptly addressed with the court registry.

Special Circumstances and Exceptions

While many applications follow a standard process, certain special circumstances can affect how consent orders proceed.

Urgent Applications

In cases where rapid resolution is necessary—due to risk of asset dissipation or imminent danger to a child—parties may pursue urgent applications. These applications necessitate submitting a sworn affidavit outlining the urgency. The court prioritizes such matters, often processing them more rapidly than standard filings.

Amendments and Appeals

Should a need arise to amend existing consent orders, an application must be submitted seeking the court’s permission for any variations. This is generally allowed in limited circumstances, such as significant changes in circumstances or impracticality of existing orders.

If a party believes the consent orders are unjust, they may seek to appeal the orders, but this process can be lengthy and necessitates engaging legal counsel to navigate the complexities of the family law appeal process.

Frequently Asked Questions About Consent Order Timeframes

Can I expedite the consent order process?

While no method guarantees expedited processing, parties can take steps to minimize delays, such as:

1. Ensuring all documentation is complete and correctly prepared before submission.
   • Double-check that all required forms are included and properly filled out
   • Verify that financial disclosures are comprehensive and up-to-date
   • Ensure the proposed orders are clearly written and legally sound
   • Have a legal professional review your documents before submission
2. Promptly responding to any requests for further information from the court.
   • Set up notifications for court communications
   • Maintain regular contact with your legal representative
   • Prepare any commonly requested additional documents in advance
   • Keep detailed records of all correspondence with the court
3. Collaboratively addressing disputes with the other party during the negotiation phase.
   • Consider using mediation services early in the process
   • Focus on reaching reasonable compromises
   • Document all agreements in writing to prevent misunderstandings
   • Maintain respectful and open communication channels
4. Seeking assistance from seasoned family law professionals for efficient application preparation.
   • Consult with lawyers who specialize in consent orders
   • Consider engaging a collaborative law practitioner
   • Utilize court-approved document preparation services where available
   • Attend court information sessions about the consent order process
5. Utilizing online filing systems when available
   • Electronic filing often processes faster than paper submissions
   • Ensure all electronic documents meet court formatting requirements
   • Keep digital copies of all submitted materials
   • Check submission status regularly through online portals

What happens if there are delays in obtaining consent orders?

Delays can lead to frustration, but it is essential to remain patient and focused on achieving the final goal.

1. Impact of delays:
   • Extended uncertainty regarding legal rights and responsibilities
   • Potential emotional stress on all parties, including children
   • Possible financial implications if property matters remain unresolved
   • Risk of deteriorating relationships between parties
2. Managing the delay period:
   • In some instances, interim arrangements might be necessary to manage responsibilities during the waiting period for orders
   • These can include informal or formal temporary agreements on parenting schedules
   • Written interim financial arrangements may help manage shared assets or liabilities
   • Regular check-ins between parties can help maintain stability
3. Addressing causes of delays:
   • If delays arise from party disputes, parties may need to engage in further negotiations or mediation
   • Court administrative backlogs may require patience and regular follow-up
   • Incomplete documentation can be remedied by prompt submission of requested materials
   • Procedural issues might require consultation with a legal professional
4. When to seek intervention:
   • If delays become excessive (beyond typical processing timeframes)
   • When urgent matters arise during the waiting period
   • If one party is not adhering to interim arrangements
   • When circumstances significantly change during the delay period

How long do consent orders remain in effect?

Consent orders are legally binding and remain in effect until varied or overturned.

1. Parenting orders:
   • They typically remain actionable until the child turns 18
   • May be superseded if new orders are put in place
   • Can be modified if there is substantial change in circumstances affecting the child’s welfare
   • Courts generally prefer stability unless modification clearly benefits the child
2. Property settlements:
   • Are seen as final but may be modified in rare situations
   • Exceptional circumstances for modification include:
     • Significant changes in circumstances that could not have been foreseen
     • Judicial error or miscarriage of justice
     • Evidence of fraud, duress, or non-disclosure during the original process
     • Technical defects in the original orders
3. Enforcement considerations:
   • Orders remain enforceable through court mechanisms for their duration
   • Breaches can result in legal consequences including fines or compensatory measures
   • The court retains jurisdiction to address compliance issues
   • Parties should maintain records demonstrating adherence to order terms
4. Review and variation process:
   • Parties seeking to change existing orders must generally demonstrate material change
   • The modification process typically requires filing a formal application
   • Courts apply the “best interests” test for children’s matters
   • The threshold for modifying property settlements is significantly higher than for parenting orders

Next Steps: Navigating the Consent Order Process

Acquiring consent orders can be intricate and demanding but, with prudent planning, a resolution can be reached.

Seeking Legal Advice and Assistance

Given the complexities of family law, seeking independent legal advice is paramount. We can can provide crucial guidance on agreement terms, application drafting, and representation throughout the process.

Gathering Required Documents and Information

To ensure the smooth processing of consent order applications, parties should gather all necessary documentation and pertinent information before filing. Utilizing the Family Court’s comprehensive checklist can help facilitate this process.

Staying Informed and Engaged Throughout the Process

Finally, it is imperative for parties to remain engaged throughout the consent order procedure. Ongoing communication with legal representatives, timely responses to requests, and vigilant tracking of deadlines are all important for a successful outcome.

Conclusion

In summary, obtaining consent orders in Australia involves understanding the legal framework, application process, and potential obstacles to achieving an efficient resolution. By adhering to the outlined procedures, being aware of timelines, and seeking legal assistance when necessary, parties can navigate the application process for consent orders effectively.

Consent orders typically take between 4-12 weeks for processing, but patience remains essential as parties await formalization of their agreements, all while keeping their long-term objectives in focus.