Consent Orders Adelaide: Fixed Fee Consent Order Lawyers in South Australia

Consent orders are issued by the Federal Circuit and Family Court of Australia (FCFCOA) and formalise the agreements separating couples make about property division and parenting arrangements. Although court attendance is not normally required, the orders are legally binding on both parties and enforceable if breached. They allow a clean break without the stress or expense of long court proceedings.

Fixed Fee Consent Orders Lawyer Adelaide

The Legal Drafter prepares consent orders on a fixed fee basis, removing the uncertainty of hourly charging because the overall cost is known in advance.

The fee depends on the scope of the arrangements, whether property division, parenting arrangements or both, but is fixed for the agreed work. The only addition is the court filing fee, currently $215, and changes only arise if the parties later disagree or alter their arrangement. Get a fixed quote for your matter.

How Consent Orders Work in South Australia

Married couples must file consent orders within one year of their divorce becoming final, while de facto couples have two years from the breakdown of the relationship, unless the court grants permission to apply later. The process is the same for property and parenting orders:

1. Details of the agreement are gathered by online questionnaire or telephone consultation.
2. The agreement is reviewed and refined where needed to improve its prospects of approval.
3. An Application for Consent Orders is drafted setting out what is requested, and a Minute of Consent Orders sets out the terms.
4. Both forms are filed electronically with the FCFCOA together with supporting documents such as financial statements.
5. A Registrar reviews the documents and, if approved, they become legally binding consent orders.

The benefits of fixed fee consent orders are clear: they are faster, cheaper and more convenient than a full court process, they are enforceable in the same way as a judgment after a trial, and stamp duty exemption is normally available on property transfers.

Property and Parenting Consent Orders in Adelaide

Two types of consent order are available, which can be processed separately or together:

Parenting Orders

Parenting orders deal with children’s living arrangements, time with each parent, education, healthcare and shared responsibilities. Mediation with an accredited Family Dispute Resolution practitioner often helps parents reach a workable agreement before drafting. Our parenting arrangements service covers this process.

Grandparents and others providing significant care can also apply for orders concerning a child’s welfare. Approval depends on the arrangements being in the best interests of the children.

Property Orders

Property orders relate to each party’s assets, liabilities and superannuation. They rely on both parties making full and frank disclosure of their financial circumstances, as failing to do so can incur penalties and invalidate the orders.

The orders set out how assets and liabilities are divided and will generally be approved if the settlement is just and equitable. See our property settlement consent orders page for what can be included.

Feature	Parenting Orders	Property Orders
What they cover	Living arrangements, time, education, healthcare	Assets, liabilities, superannuation
Approval test	Best interests of the children	Just and equitable
Who can apply	Parents, grandparents, significant carers	Married and de facto couples
Key requirement	Workable, child-focused arrangements	Full and frank financial disclosure

Filing at the Adelaide Registry of the FCFCOA

Filing can be done in person at the Law Courts Building in Adelaide or by emailing documents to the registry, but electronic filing through the Commonwealth Courts Portal is far quicker and more convenient.

Before filing, ensure all forms are completed fully and correctly and that any accompanying documents, are ready. Incomplete applications are commonly returned for correction, which delays approval.

Online Consent Orders for Regional SA

The advantage of online consent orders for regional South Australia is that everything, from drafting to filing to sealing by the court, is managed online. This makes the process streamlined and fast, with no drawn-out court proceedings.

There is no need to attend court, so each party’s location is largely irrelevant, and lower overheads reduce the cost significantly. For less stress and an easier path to legally binding orders, our online consent orders service covers all of South Australia.

Frequently Asked Questions

How long do consent orders take in South Australia?

Consent orders in South Australia generally take four to six weeks to be approved after filing, depending on complexity and the court’s workload. Applications that are complete, correctly drafted and supported by the required documents are processed faster because they avoid being returned for correction.

Can grandparents apply for consent orders in SA?

Yes, grandparents and others who provide significant care for a child can apply for parenting consent orders in South Australia. The court assesses these applications the same way as parental applications, approving arrangements only where they are in the best interests of the child concerned.

Is stamp duty payable when property is transferred under consent orders?

No, stamp duty is normally not payable when property is transferred between separating parties under sealed consent orders. This exemption can save couples a substantial amount on the transfer of the family home and is one of the key financial benefits of formalising your agreement.

This page contains general information only and does not constitute legal advice.