Consent Orders Support
Consent orders are often the step that follows agreement, rather than the starting point. If both people have reached agreement about parenting arrangements, property, financial matters, or a combination of these issues, they can ask the Court to make orders by consent so the agreement becomes legally binding. The Federal Circuit and Family Court of Australia says consent orders can be used for parenting, financial and property matters, and the same application can include both parenting and financial orders.
When consent orders may be appropriate
Consent orders may be worth considering where:
-
both people have reached agreement
-
they want the agreement made legally binding
-
they want clearer enforceability than an informal arrangement
-
they want to finalise parenting, property or financial arrangements in a formal way.
For parenting matters, a parenting plan can record an agreement, but it is not legally enforceable. If parents want agreed terms made into court orders, they can ask the Court to make consent orders.
For property and financial matters, consent orders are one of the recognised ways to formalise agreement after separation. The Court and government material both say people should seek legal advice before entering into consent orders.
What are Consent Orders
Consent orders are proposed orders that both parties agree on and ask the Court to formalise as court orders. The Court says they can be made without going to court, and once made they have the same legal effect as orders made after a hearing.
For parenting matters, legally binding consent orders are one option where parents agree and want the arrangements formalised. For property and financial matters, Family Relationships Online explains that a consent order is a written agreement approved by the court, and that the court considers whether the agreement is fair before approving it.
Consent orders can help formalise agreed parenting, property and financial arrangements once both people have reached agreement.