Question: What Are Consent Orders?

Consent orders may be filed by both married and de facto couples.

Married couples have one year from the date that their divorce order has taken effect.

Leave (permission) of the Court to file after the expiry of these time periods can be obtained, however, this process can be costly..

A consent order is a legally binding document that sets out the financial arrangements you and your ex have come to. It details how you’re going to split any assets, debts, pension, and income you have once you’re divorced.

Consent Orders are a written agreement between the parties, which is filed in court and upon approval, becomes a legally binding Court Order.

Once the judge is satisfied, the consent order is ‘sealed’ and becomes legally binding. At any stage during this process, you may want to take legal advice. A lawyer can help you understand what a fair settlement would be, help negotiate agreement, prepare the consent order and file the application with the court.

A consent order can be filed without the assistance of a solicitor, however, the legal paperwork outlining your financial agreement must be drafted by qualified solicitors.

A financial order is the only way to ensure that any financial obligations between you and your ex are cut. … Consent orders are for divorcing couples who have assets to divide and who want to make their Financial Settlement legally binding.

A financial consent order is a document that sets out the financial agreement a divorcing couple or couple dissolving a civil partnership has reached. It is only valid if it has been drawn up correctly and has been approved and stamped by the family court.

In order to apply for a financial consent order with the family court, you must have first reached an agreement with your partner on how any assets and finances are to be divided. A consent order is filed with the court once your decree nisi has been pronounced in your divorce proceedings.

If one or both parties breach a consent order by failing to carry out obligations such as paying maintenance, then the order can be enforced. Consent orders are approved by courts, so a breach of one is effectively a breach of a court order – something that courts look very unfavourably upon.

No. You can file an application for consent orders at a family law registry, or electronically on the Commonwealth Courts portal. Currently the fee is $160. The court will not automatically make the consent orders you have agreed upon.

Ideally from the Judge’s perspective if both parties have had legal advice this will normally be sufficient. … however, the judge may refuse to sign the consent order until he is satisfied that you both are fully aware of the implications.

How long do Consent Orders take? The Court can take 1-2 months to process a Consent Order application if the information provided is accurate and doesn’t require any revisions.