legally binding consent orders

Are Consent Orders Legally Binding?

Yes, Consent Orders are legally binding when they have been approved by the Family Court of Australia/Family Court of Western Australia.  Consent Orders have the same legal effect as an order made after a court hearing.

When you reach an agreement about property and financial matters, including superannuation and/or parenting arrangements, and you want to formalise that agreement to make it binding, you can apply to the Family Court for Consent Orders.  Once the Consent Orders are approved by the Family Court, the orders are binding and legally enforceable on both you and your former spouse.

Consent Orders can include orders about:

  • property and finances
  • superannuation
  • spousal maintenance
  • parenting

Consent Orders can’t include orders about child support or wills and estates.

There are time restrictions as to when you can file your Consent Orders.  An Application (Consent Orders) for a property and financial settlement must be filed within 12 months from the date of a divorce order taking effect.  For a de facto relationship, an Application must be filed within 2 years from the date of separation.

If you are out of time, you can still seek leave from the Family Court by including an order that you consent to making the orders out of time.

You are not required to attend Court as the Application is reviewed administratively by a Registrar of the Family Court.  You are not required to seek independent legal advice – this is optional.

At The Legal Drafter we make your Application for Consent Orders an easy and straightforward process.  Our fixed fee service provides you with the price in advance so you can decide for yourself if you can afford the cost before you make the decision to use our services.

Unfortunately, most law firms are unable to provide fixed fees because they rely on billable hours.  This means you won’t know how much your Application for Consent Orders will cost you, and this could range between $5,000 and $15,000.

If you require further information about Consent Orders please visit our website here, or alternatively the Family Court of Australia or Family Court of Western Australia.


4 thoughts on “Are Consent Orders Legally Binding?
  1. Hello, I recently submitted a property consent order to the family court which has been dismissed. I do not know the reasons as yet until I received the response in the post. Do you complete the consent orders. If it is dismissed are there additional fees until we can get it approved?

    1. Hi Vicki

      Thank you for your enquiry. Yes, we complete the Consent Orders. If your application has been ‘dismissed’ completely, you will need to pay the filing fee again. Alternatively, if the court requires ‘amendments’ to your consent orders, you do not need to pay the filing fee again if you file before the date stipulated in the Registrar’s letter. We have otherwise emailed you a more detailed response.

      Warm regards

  2. Is the application for consent orders itself legally binding or is it just the consent orders themselves?

    1. Hi Kristi

      The Consent Orders is the legally binding document. The Application provides the court with the information in which to approve/reject the Consent Orders.

      Warm regards

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