Consent Orders
Have you reached an agreement? If so, you should consider entering into consent orders with your former partner.
If you are able to reach agreement about your parenting arrangements or the division of your property following separation, you can formalise the agreement with Consent Orders. Our experienced family lawyers can provide you with legal advice to help you complete your application for consent orders, finalise and file your consent orders with the family court.
What Is A Consent Order?
Consent orders is a court order where both parties agree to settle their dispute outside of the courts. This type of settlement is often used in family law matters such as divorce, parenting matters such as child custody disputes or property disputes.
In Australia, the Family Law Act 1975 allows for the use of consent orders in certain circumstances. The Act states that consent orders can only be issued after the parties have had a chance to discuss the matter privately. If they cannot reach agreement, then the judge will decide whether to issue consent orders. Consent orders are commonly used in family law matters. They allow the parties involved to resolve their issues without going through the formalities of litigation.
Parenting Orders By Consent
A parenting order is a court decision that gives parents legal authority over their children. It also known as Parental Responsibility Orders (PROs). They are often imposed after divorce or separation.
Parents who want to share custody of their children usually go through a long and complicated process involving lawyers and courts. The aim is to reach a fair agreement between both parties. This is where parenting orders come into play. Consent orders will provide legal arrangements for couples with children. Consent Orders regarding the arrangements of the care of children can cover:
- Any care arrangements.
- Time limits on time spent with each parent.
- day care schedules for your children.
- the time frames of arrangements for your children with each parent.
- How child expenses will be paid.
- Consent Orders can cover and resolve any child support issues.
- if any suitable service is required for your children’s care arrangements.
However, these orders aren’t always successful. Sometimes, parents don’t agree on certain aspects of the parenting plan. For example, one parent may want to spend more time with their child, while the other wants them to stay at home. If this happens, the judge has the power to decide which arrangement is better for the child.
Parenting Consent Orders can include your parenting arrangements, including who the children live with and the time they spend with you and their other parent during the school term and school holidays, as well as the time the children spend with each of you on special occasions including Christmas, Easter, birthdays and other cultural or religious days of significance for your family.
Property Consent Orders
Property Consent Orders can include how your property will be divided and what each of you will retain including real estate, monies in joint bank accounts, motor vehicles, shares, and superannuation. Property Consent Orders finalised through the family court are a good way to legalise your financial relationship with your ex-partner.
Our family lawyers can provide you with expert advice regarding your property disputes which is important to assist you in ensuring your agreement is in your best interests and is fair and adequately reflects your intentions and the best financial agreements are reached between parties.
If you are able to resolve your matter by consent, this will reduce the stress involved in separation and will finalise your matter quickly, allowing you to move on with your life and focus on co-parenting your children. Consent Orders in relation to property issues are a practical, inexpensive solution to formalizing the parenting arrangements for your children and finalising your property settlement.
Financial Orders by Consent Orders
A financial order by consent (FOC) is a legal procedure where a court orders someone to pay another person money or property. In some countries, FOCs are common practice. They allow courts to issue orders without going through the formalities of a trial.
financial orders can include spouse maintenance and de facto partner maintenance where one party provides financial support to either a party to a marriage or former marriage or a party to a broken-down de facto relationship.
The Australian government has introduced new legislation to make FOCs easier to obtain. This means that anyone who wants to pursue a claim against someone else can now apply directly to the court for an order.
Superannuation and Financial Consent Orders
Superannuation splitting may be an issue that your financial consent orders deal with. It may be the case that splitting of superannuation funds will be from your ex-partner’s superannuation to you or your superannuation funds will be split, and some will be given to your ex-partner. Our family lawyers can answer your questions about superannuation splitting in the event superannuation splitting is proposed by either you or your ex-partner. We can assist you in drafting your financial consent orders, consent order application and filing them with the family court.
What Is A Consent Order Fee? And Why Should I Care?
A consent order is a court document where both parties agree to settle their dispute without going through trial. The fees associated with these orders vary from state to state. In NSW, filing an Application for Consent orders incurs a fee of $180. In some limited circumstances you may seek an exemption from fees associated with filing an application for consent orders. This fee exemption involves an exemption from fees form to the Family Court in circumstances where you suffer from financial hardship.
Consent Order Filing Fee & Exemption Of Fee
What is the cost of filing a consent order in Australia?
The Australian Securities & Investments Commission (ASIC) has recently announced that they will no longer charge fees for filing consent orders. This means that anyone who wants to file a consent order will only pay the court costs associated with the case. Previously, ASIC charged $1,500 for each consent order filed.
This new policy was introduced in response to feedback from the public regarding high fees being charged by ASIC. It also aims to reduce the time taken to resolve disputes between investors and companies.
Procedure of Consent Orders
to file your consent orders and finalise your agreement with the family court, there is a procedure that needs to be followed:
- Obtaining legal advice in relation to consent orders and your property matter or parenting matter is highly recommended in order to achieve the best possible arrangements for children and financial agreements and so you are aware of your legal rights.
- An Application for Consent Orders is an online form must be completed. It is important to have had legal advice on how to fill out this form correctly. when you draft consent orders you will go over your financial resources, practical resources, real estate, etc in order to determine the agreed upon financial arrangements.
- Along with the Application for Consent Orders, an Application for Consent Orders – Proposed Orders must be filled out as well.
- Mediation may be required to agree on all terms if you are wishing to file orders by consent.
- All relevant documents must be signed by both parties once agreement has been reached.
- Finally, file your Consent orders application and orders with the Family Court through the Commonwealth Courts Portal, an online submission, to finalise your consent orders. Filing your consent orders incurs a filing fee that must be paid when you file your application.
Consent Orders FAQs
A consent order is when you want to force someone to do something they don’t want to do. If you want to get a consent order from a court in Australia, you need to prove that the person has done something wrong. The court will then issue a consent order against them, which means that they must comply with what you asked them to do. This will be the case for parents who cannot agree on care arrangements for their children or by imposing a forced financial relationship, whereby consent orders will enforce legal arrangements for you and your ex-partner relating to your parenting or property matter.
If you want to request a consent order in Australia, you need to contact the Australian Federal Police (AFP) [Family law kit | Australian Federal Police (afp.gov.au)]. The AFP has a website where you can find information about how to apply for a consent order.
If your partner refuses to comply with a court order, they may be held in contempt of court. Contempt of court occurs when someone violates a court order. The person who violated the order could face jail time, fines, or both. A judge has the power to hold someone in contempt of court for any number of reasons, such as failure to follow a court order or refusal to answer questions during a deposition.
A consent order may be challenged or overturned in Australia if it was obtained through fraud, coercion, duress, misrepresentation, mistake, undue influence, or other improper means. If you believe a consent order has been obtained improperly, contact the Australian Human Rights Commission for advice.
Why Choose O’Loan Family Law For Consent Orders
We are a boutique family law firm based on the North Shore with extensive experience providing legal services to clients throughout Sydney. Our team of experienced solicitors are committed to providing you with high quality service at an affordable price, who are here to help you come to a family law agreement. We provide legal advice on divorce, separation, child custody, access orders, financial matters, property settlement and many other areas of family law. Our solicitors are specialists in family law and can help you reach an amicable family law agreement.
If you have any questions or concerns, get in touch with us to book a 15-minute introductory call. There is no charge for this call, and you will be better equipped to make a decision about how to move forward.