Consent Orders

Stewart Family Law will help you negotiate, draft and finalise consent orders for property and parenting matters after divorce and separation.

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Secure Your Property & Parenting Agreements With Expertly Drafted Consent Orders

Consent orders are the simplest way to finalise agreements on parenting arrangements or property settlements without going to court. By making your agreement legally binding, a consent order ensures that both parties uphold their commitments, providing security and clarity.

Whether you’re looking to resolve disputes around child custody or divide assets, we can guide you through the process, making it easy, stress-free, and enforceable by law. Protect your rights and ensure a fair outcome.

Protect Your Future: How Consent Orders Ensure Long-Term Stability

A well-drafted consent order isn’t just about resolving immediate concerns—it’s about securing long-term stability for you and your family. With a legally binding agreement, both parties are held to the terms, reducing the risk of future disputes.

Consent orders safeguard your financial and parenting interests, giving you peace of mind knowing that your assets and children’s needs are protected for years to come.

Meet Our Consent Order Specialists

At Stewart Family Law, our team is dedicated to guiding you through the process of obtaining consent orders with expertise and empathy. We ensure that your parenting and property matters are resolved efficiently, prioritising your family’s long-term stability.

Judy Stewart
Judy Stewart, our Legal Practitioner Director, is an Accredited Family Law Specialist with over 20 years of experience. Her background in social work enhances her ability to resolve complex disputes, focusing on practical and compassionate solutions for consent orders.

Temika Slee
Temika Slee, an Accredited Family Law Specialist, is known for her meticulous and empathetic approach. With extensive experience handling personal and sensitive cases, she excels in achieving favourable outcomes through consent orders, especially in challenging situations.

Temika’s background in journalism enhances her ability to draft legal agreements with precision and attention to detail, ensuring clarity and effectiveness in every aspect of advocacy and representation.

Lauren Holm
Senior Associate Lauren Holm brings substantial experience in family law and child protection. Her focus on practical and effective solutions helps families navigate the consent order process smoothly, ensuring all parties achieve a fair and sustainable agreement.

Our team’s diverse skills and dedication ensure that your consent order matters are handled professionally and carefully.

Contact Our Family Lawyers To Discuss Your Consent Orders Today

If you’re looking for an Accredited Specialist family lawyer, or experienced family law mediation services, please do not hesitate to contact our office if you require assistance with your divorce.

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How Consent Orders Finalise Parenting and Property Matters After Divorce & Separation

Consent Orders are a vital tool in Australian family law. They provide a formal, legally binding resolution to parenting and property matters following divorce or separation. These orders help ensure that agreements reached about family law matters are enforceable and recognised by the Family Court.

The Process For Obtaining Consent Orders

Reaching an Agreement: Before applying for Consent Orders, both parties must negotiate and agree on the terms of their parenting and property arrangements. This negotiation can be facilitated through mediation, collaborative law, or direct discussions. The goal is to reach a mutually acceptable agreement on how parenting responsibilities and property will be divided.
Drafting the Orders: Once an agreement is reached, it is drafted into a formal document called Consent Orders. This document outlines the agreed terms and includes detailed provisions for parenting arrangements, property settlements, spousal maintenance, and any other relevant issues.
Filing with the Family Court: The drafted Consent Orders are then submitted to the Family Court for approval. The court reviews the proposed orders to ensure they are fair and in the best interests of any children involved. If the court is satisfied, it will issue the orders, which become legally binding.
Timeframes: The timeframe for finalising Consent Orders varies. It generally takes a few weeks to a couple of months from the submission to the court’s approval. The process can be expedited if the agreement is straightforward and no additional evidence or hearings are required.
Interim Orders: In some cases, interim orders may be sought if immediate arrangements are needed before the final Consent Orders are issued. These interim orders are temporary and are designed to provide immediate solutions until the final orders are in place.

What Consent Orders Can Cover

Consent Orders can cover a wide range of issues, including:

Parenting Arrangements: Where your child lives and when, parenting schedules, visitation schedules with other family members, parental responsibility and decision-making responsibilities for the child.
Property Settlements: Division of the property pool, including real estate, superannuation, assets and debts.
Spousal Maintenance: Ongoing financial support (partner maintenance) to your former partner.
Child Support: Financial contributions towards the child’s upbringing.

Why Agreements Are Made Before Drafting

The primary reason that both you and your ex-partner need to agree on terms before drafting Consent Orders is to ensure that each party is fully aligned and that the terms of the orders reflect their mutual understanding. This pre-agreement phase helps avoid delays and complications, as the court will only approve orders that both parties have agreed to. It also facilitates a smoother and more efficient court process, as the court’s role is primarily to review and approve the agreement rather than mediate disputes.

Consent Orders provide a structured and legally binding resolution to parenting and property issues. They ensure that both parties adhere to the agreed terms and that the arrangements are enforceable.

Time Limits For Making An Application For Consent Orders

In Australia, the timeframe for filing Consent Orders following a de facto relationship or divorce is governed by specific regulations and legal principles.

After A De Facto Relationship

For couples who were in a de facto relationship, the timeframe for applying for Consent Orders is generally two years from the date of separation. This period allows parties to negotiate and agree on their parenting arrangements, property division, and other relevant issues. If the application for Consent Orders is not made within these two years, the parties may need to apply to the court for permission to file outside this timeframe, which could involve demonstrating exceptional circumstances.

After A Marriage Ends, Or Divorce

For divorced couples, the timeframe to apply for Consent Orders is typically one year from the date of divorce. This period is set to encourage prompt resolution of property and financial matters, ensuring that issues are settled in a timely manner. If more than a year has passed since the divorce, the parties may still apply for Consent Orders but must seek the court’s leave (permission). The court will consider whether allowing the application outside the one-year period is fair and just.

Frequently Asked Questions

Do we need consent orders, or can we agree privately?

While private agreements on parenting and property matters can be made, they lack legal enforceability. Consent Orders, submitted to the Family Court of Australia, formalise and make these agreements legally binding. This process ensures that the court upholds your arrangements, including Parenting Consent Orders and Property Consent Orders, offering protection and clarity that private agreements do not.

What happens if our property split is complicated? Can you help us draft consent orders?

Yes, if your property split is complex, our experienced family lawyers can assist in drafting Consent Orders. They can work collaboratively with other professionals to ensure your property orders are handled competently. They can address intricate issues such as property division, superannuation interests, and financial orders, ensuring all details are accurately captured. Legal advice is crucial to create a proposed consent order that reflects your financial arrangements and meets legal requirements.

Why do we need a consent order for parenting arrangements if we already have a parenting plan?

A parenting plan is a non-binding written agreement outlining care arrangements, whereas a Consent Order is a court-approved, legally enforceable agreement. Obtaining a Parenting Consent Order provides legal protection and ensures that parenting arrangements, including care arrangements, are upheld by the Family Court of Australia, offering added security and clarity.

A parenting plan is suitable for some separated couples and can be used to draft consent orders. However, it is wise to seek legal advice so you can make an informed decision about what is right for you.

How does family violence affect obtaining consent orders?

Family violence significantly impacts the process of obtaining Consent Orders. The Family Court of Australia takes allegations of family violence and child abuse very seriously. When applying for Consent Orders, if family violence is a concern, it must be disclosed and addressed.

Orders must be granted based on procedural fairness and the best interests of the children. The court may include specific provisions in the Consent Orders to ensure the safety and well-being of affected individuals, including children.

Family violence can affect various aspects of the Consent Orders, such as:

Safety Arrangements: The court may impose conditions to protect victims, including supervised visits or restrictions on contact.
Care Arrangements: Decisions regarding the care of children may be influenced to ensure their safety and well-being.
Legal Advice: It’s crucial to seek independent legal advice from a family law solicitor to address how family violence might impact the terms of the Consent Orders and to ensure your legal rights are protected.

Disclosing family violence and seeking appropriate legal support is essential to ensure that Consent Orders reflect and address these concerns adequately.

What happens if we can't agree on terms for a consent order for our children's care?

If an agreement on terms for a Consent Order cannot be reached, you may need to engage in family dispute resolution or mediation to resolve differences. If disputes persist, a court hearing may be necessary, where the Family Court of Australia will make a binding Parenting Order based on the children’s best interests and all relevant information.

What are the costs involved with having consent orders done by lawyers?

Costs for obtaining Consent Orders include legal fees for drafting and submitting the Consent Order form and court fees. The total cost varies depending on the complexity of the case and the lawyer’s rates. You will need to fill out an application form and pay a filing fee, and your application can be lodged through the Commonwealth Courts Portal.

Costs for parenting consent orders and financial consent orders will cover the court registry costs, as well as any additional fees for legal advice about parenting matters and division of property. If you and your ex-partner have reached agreement, you won’t need to pay for mediation or FDR. If you need assistance to reach agreement with each other, further costs will likely be associated with your consent order application.

If you have a complex financial structure, such as a superannuation split for an SMSF, business interests or family trusts, you’ll also need to account for any fees to receive financial and taxation advice.

Are parenting orders and consent orders the same?

No, Parenting Orders and Consent Orders are not the same. Parenting Orders are court orders issued by the Family Court of Australia that dictate care arrangements. On the other hand, consent orders are agreements made by parties and approved by the court to become legally binding, including both Parenting Consent Orders and Property Consent Orders.