Do you know skipping a consent order after separation from your ex-spouse can backfire on you years later?
Yes, you heard it right. Many couples think that finalizing arrangements regarding children and finances after separation or divorce, there is no need to document them. But they don’t know that this minor mistake can be a big problem in the future when circumstances change.
A consent order is a legally binding agreement approved by the court that formalises arrangements between separating parties. Understanding it is crucial to avoid disputes in the future.
That is why HOELAWYERS bring a complete guide for you, which includes everything from types to benefits and requirements to the cost of a consent order.
What are consent order in Australia?
A consent order in Australia means a legally enforceable agreement between parties that is approved by a court in family law matters. Unlike informal agreements, consent orders hold the same legal weight as a court order, as they are approved by the Federal Circuit and Family Court of Australia and, for those in WA, the Family Court of Western Australia.
What Are Consent Order in Family Court mean?
Consent order in family law means the legally approved document includes all the conditions agreed upon by both partners. It consists of all agreed-upon terms, whether it is financial, parenting, celebrating important days, or how much time each parent will give to a child.
Are Consent Orders Legally Binding In Australia?
Yes, consent orders are legally binding in Australia and approved by the court, and are finalised by the court after a complete hearing process. This makes sure that both financial settlements and parenting arrangements are documented according to the agreed terms.
Why is a consent order important?
Consent orders are important because, without a court-approved order, your former partner can try to change the agreed-upon terms. This provides legal protection for both parties, prevents future claims, and ensures that both parties are protected.
When are Consent Orders used?
Usually, after divorce or separation, couples resolve their family issue outside the court or without any legal document. But a consent order is important when a separating couple includes finances or child-related arrangements. You need it when
- When dividing property, assets, or debts
- When agreeing on parenting arrangements
- When finalising spousal maintenance
Types Of Consent Orders In Family Law
There are 4 main types of consent orders in terms of family law.
1- Financial Consent Order
This is applied when a couple includes joint assets, investments, or other liabilities. For example, when a couple decides to sell a joint property and divide the amount equally, under this order, this will be documented securely to avoid future disputes.
2- Parenting Consent Orders
Parenting orders are agreed on the basis of arrangements for children, including living arrangements and visitation schedules. For example, parents may agree that a child lives primarily with one parent while spending weekends with the other.
3- Property Settlement Orders
The property orders can be used to decide how the property will be divided between the two parties. This property includes things like real estate, money in your bank account, businesses, livestock, and even companion animals or pets.
4- Spousal Maintenance Orders
These apply when one partner agrees to financially support the other after separation. For example, one spouse may provide ongoing financial assistance if the other is unable to support themselves immediately.
How a consent order works in Australia: Step-By-Step Process
Step 01: Prepare The Consent Order Document
The first step is to prepare two documents: a written and signed copy of the consent order that you are applying for, and a consent order form. Make sure that both parties agree on the terms and that parental and financial details are written separately.
This agreement should be fair and mutually acceptable, as the court will review it before approval.
Step 02: File The Application
The completed documents are submitted to the court along with the required filing fee. Applications can usually be filed online through the relevant court system in Australia.
If you are exempt from the application fee, you will need to provide proof of your eligibility in part 1 while applying online. Otherwise, as the fee is much higher, you can apply for an exemption from the fee as well.
Step 03: After The Application Process
A registrar reviews the application to ensure the agreement is justified. In parenting matters, the court considers the best interests of the child. You are not required to attend court unless the Registrar requests you to.
Step: 04: Court Approval
The court will then review the application and consent orders details and will decide based on the circumstances. The financial will be finalised based on the home condition of both parties, while for parenting matters, the court will order what is best for the child. Once the code has given its decision, the orders will be enforced on both parties.
Benefits of Consent Order in Australia
- Provides a legally binding agreement
- Prevents future financial claims
- Avoids lengthy and costly court proceedings
- Offers clarity and certainty for both parties
- Protects assets and financial interests
- Ensures protection if terms are breached
- Promotes an acceptable resolution between parties
Key Considerations
The important aspects you need to consider depend on the type of order you are applying for. Here is a quick overview.
- For orders regarding children: Read sections 60B, 60CA, 60CC, 61CA, 61DAA, 61DAB, 67Z and 67ZBA of the Family Law Act 1975
- For spouse maintenance orders: Consider sections 72, 74, and 75 of the Family Law Act.
- For de facto partner maintenance orders: Learn about sections 90SB, 90SD, 90SE, and 90SF of the Family Law Act.
- For orders for financial or property settlement or maintenance after 12 months of divorce: Read section 44 of the Family Act law.
- For financial or property orders: Sections 75, 79, and 79AA and Part VIIIB will apply.
- For orders as a party to a broken de facto relationship: Sections 90SK, 90SL, 90SM, 90SMA, and Part VIIIAB.
Learn more about these sections in detail here.
Time Limit
If you are looking for a solution to avoid a lengthy court process, a consent order is the best option. But, here is an important thing: you can apply for a consent order within 12 months after divorce or 2 years after the end of a de facto relationship.
Once this time period passes, you will need to ask for leave of court to apply for a consent order. Besides that, another question, 10 consent will also be needed from the court. In case you failed in both, the court will not accept your application.
Common mistakes to avoid
Getting a consent order from the court can be a bit difficult if you make these mistakes
- Failing to disclose all assets and liabilities
- Drafting unclear or incomplete agreements
- Not seeking legal advice
- Assuming informal agreements are sufficient
- Missing legal deadlines
Consent Orders Vs Court Orders: What’s The Difference?
Although consent orders have similar importance to court orders, they are different. Consent orders are agreed and decided mutually by both parties, whereas court orders are imposed by the judge after a lengthy court process.
Consent order is a faster and cost-effective process; on the other hand, the court process is an expensive and time-consuming process.
Conclusion
A consent order is not just a document; it is a legal protection that secures your finances, child maintenance, and future disputes after divorce or separation. Understanding how it works is important to prove that the terms and conditions between you and your spouse are legally justified.
Whether you are dealing with property settlement, parenting matters, or spousal maintenance, taking the right legal steps early can save you significant stress, time, and cost in the future.
At Hoe Lawyers, we understand that the court process is complicated and requires legal assistance.
So, contact Hoelawyers today and get comprehensive guidance on the consent order application.
FAQS
1- What do consent orders mean?
A consent order is a legally binding agreement approved by the court that formalises arrangements between separating parties. Understanding it is crucial to avoid disputes in the future.
2- How much does a consent order cost in Australia?
The cost of a consent order ranges between $2000 to $10,000. This depends on the type of consent order you have applied for.
3- What happens after a consent order?
Once the consent order is given by the court, both parties are required to follow the agreed terms and conditions.
4- What are the benefits of a consent order?
The consent orders can provide a legally binding agreement, prevent future financial claims, avoid lengthy and costly court processes, offer certainty for both parties, protect assets and financial interests, ensure protection if terms are breached, and promote an acceptable solution between parties
5- What are the disadvantages of a consent order?
The consent orders are an effective way to avoid disputes between two parties in terms of finances and child custody. But it is time-consuming and a finalised decision that cannot be changed.