Services

Consent Orders

Reaching an agreement with your former partner about parenting arrangements or property division is an important step. However, a verbal agreement or informal arrangement will not provide the certainty or legal protection you need.

At Empower Family Law & Mediation, we can help you prepare and obtain consent orders.

What Are Consent Orders?

Consent orders are Orders made by the Federal Circuit and Family Court of Australia that record an agreement between you and your former partner. Once you’ve reached agreement, the orders are drafted and filed with the Court. Once made, they have the same force as orders made by a Judge and the Court can enforce them.

Why Obtain Consent Orders?

A verbal agreement, or even a signed document between the two of you, can’t be enforced by the Court, and either person can change their mind. Consent orders give your agreement legal force.

Benefits include:

• Orders the Court can enforce.
• Greater certainty for both parties.
• Reduced risk of future disputes.
• Formal finalisation of property matters.
• Possible stamp duty and capital gains tax relief on property transfers in some circumstances.
• Avoiding the time, stress and expense of Court proceedings.

Consent Orders for Parenting Arrangements

Parenting orders can set out where your children will live, how they will spend time with each parent and other people such as grandparents, how they will communicate with a parent they don’t live with, and how major decisions will be made.

The Court will only make orders it is satisfied are in the children’s best interests, so it may ask questions or request changes. You’ll also be asked about any family violence or safety concerns.

Consent Orders for Property Settlement

Property orders can deal with dividing assets and debts, transferring or selling property, refinancing a loan, splitting superannuation, and spousal maintenance. You’ll need to give the Court details of your financial circumstances, and it must be satisfied that the orders are just and equitable.

Time limits apply for property settlements; 12 months from when a divorce takes effect for a married couple, or 2 years from the date of separation for a de facto couple.

What Is the Difference Between Consent Orders and a Binding Financial Agreement?

Consent orders are approved by the Court and are usually made after separation. A Binding Financial Agreement is a private contract that can be made before, during or after a relationship. It isn’t reviewed by the Court, and each person must receive independent legal advice before signing. A Court can set it aside only in limited circumstances. A Financial Agreement deals only with financial matters and can’t lock in parenting arrangements.

Each suits different situations, and we can advise you on which is right for you. Refer to our Binding Financial Agreements page for more information.

If you have reached agreement or are considering entering into Consent Orders, please contact us on (03) 7020 6542 for assistance.

Speak with us

Your first 30-minute consultation is free. Call (03) 7020 6542 or contact our team to discuss your circumstances and next steps.

Phone: (03) 7020 6542

Email: info@empowerfamilylaw.com.au

Let us be your voice in troubled times.

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Binding Financial Agreements (including Prenuptial Agreements)› Child Relocation› Child Support› De Facto Relationships› Divorce› Family Mediation› Family Violence and Intervention Orders› Grandparents and Other Carers› Parenting and Child Custody› Property Settlement› Separation› Spousal Maintenance› Superannuation› Urgent Family Law Issues›