What happens when you reach an agreement about property/financial and/or parenting arrangements?
- File Consent Orders with the Family Court of Australia/Family Court of Western Australia – both parties reach an agreement and file that agreement with the Family Court; or
- Sign a Binding Financial Agreement – both parties need specific independent legal advice for the agreement to be binding; or
- Do nothing.
What are Consent Orders?
If you have reached an agreement and you want to formalise that agreement and make it legally binding, you can apply to the Family Court for Consent Orders. Consent Orders are used to formalise arrangements about:
- the care, welfare and development of your children (known as parenting orders);
- the division of property/financial (known as property orders); and/or
- maintenance for a spouse/de facto spouse (known as spouse maintenance).
Consent Orders can also be used if you are applying to vary or discharge existing Family Court orders.
Consent orders have the same legal effect as an order made after a Court hearing.
What the Family Court does?
A Registrar of the Family Court will review your Consent Orders administratively. This means your Consent Orders do not go before a Judge and you do not attend court.
The Registrar has to be satisfied that the agreement is just and equitable and/or in the best interests of the child/ren before they will approve your Consent Orders.
Applications can be filed any time after separation but should to be filed within 12 months of a divorce or 2 years of the breakdown of a de facto relationship if parties wish to seek orders from the court.
If you are seeking orders for a property settlement or spouse maintenance and more than 12 months has lapsed since your divorce became final, you need to seek leave to file the application. Leave can be requested as one of the orders sought.
For de facto couples, if you have reached an agreement for a property/financial division more than 2 years after separation, you need to include an order that you consent to making the orders out of time.
How we can help you draft your consent orders
Fixed Fee $897.00
Inclusive of the drafting, review and finalisation of your court documents for property & financial, superannuation and parenting.