What are Consent Orders?

Consent Orders are orders that you and the other party agree on. You and the other party can apply for consent orders to be made without going to court. Consent orders have the same legal effect as if they had been made by a judicial officer after a court hearing. The Family Court encourages families to reach agreement about the care arrangements for their children, the division of property, or spouse or de facto partner maintenance. If you want an agreement to become an order before the Court, we will help you apply for consent orders to be made without having to actually go to Court.

How do I Apply for Consent Orders?

Separation is a difficult time filled with uncertainty. But, you don’t have to do go through it alone. Our family lawyers can help you understand your legal rights and responsibilities. We will explain how the law applies to your case, and help you reach an agreement outside of Court. When you work with Stanley & Co Lawyers, we will do the worrying for you. Although this is a difficult time, we are here to support you and you may reach us anytime without worrying about paying for a phone call.

Are There any Time Limits?

Applications for Consent Orders in relation to Children may be filed any time after separation. Applications for Consent Orders in relation to Property must be filed within 12 months of a divorce or 2 years of the breakdown of a de facto relationship.

If you are married but separated (and not yet divorced), you can apply for a property settlement, and there is no time limit. If filing beyond the time frame, you need to ask the Court for permission to file the application. We can help you with this and have achieved favourably outcomes for many clients in the same situation.

What can I do With a Consent Order?

Financial Consent Orders and Property Settlement include orders relating to:

• Spouse maintenance: financial support for a husband or wife or former husband or wife.

• De facto partner maintenance: financial support for a party to a de facto relationship which has broken down.

• Property: how your property, superannuation, financial resources, and liabilities should be shared between you.

Parenting Consent Orders

The Family Law Act 1975 requires the Courts to regard the best interests of a child as the most important consideration when making parenting orders. These include orders relating to the person the child spends time with, the time. Any person concerned with the care, welfare and development of a child can apply for parenting orders. This can also include grandparents.

Types of Parenting Consent Orders

• “Living with” arrangements: the person with whom the child lives – including any shared arrangements.
• “Spending time” arrangements: the times that a child may spend with a parent with whom they are not living, or anyone else who plays an important part in their life, such as a grandparent and can be either face-to-face, or by phone, email or letters.
• Child maintenance: for children not covered by the Child Support (Assessment) Act.
• Parental responsibility: The long term major decisions about the children.

What will the Court Consider?

When deciding an application for consent orders, the Court must be satisfied that:

1. For parenting orders, the arrangements are in the best interests of the children;
2. For property orders, the arrangements are just and equitable.

If the Court is satisfied that orders should be made, the Court will issue the consent orders. We will then provide you with a letter of advice explaining the effect of the orders and any next steps (if applicable) to take.