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Consent Orders are written agreements between parties that are approved by a Court. Once approved by the Court, these agreements become binding Court Orders. As such, they have the same legal effect as if they had been made by a judicial officer after a Court hearing.
Consent Orders are often preferable to parenting plans, in particular where there is a possibility that one party may fail to comply with the terms of the agreement. Not only will there be remedies available to the other party if the Orders are contravened, but the Orders will also act as an active deterrent against potential breaches.
Consent Orders may address a broad range of family law matters, including:
It is important to understand that the Court will not automatically approve all Orders filed by the parties.
For parenting matters, the Court must be satisfied that the Orders are in the best interests of the children. For property matters, the Court must determine that the agreement is just and equitable before making the Orders.
Even after Consent Orders are made, parties may mutually agree to vary arrangements through a Parenting Plan. However, if agreement breaks down, the original Consent Orders may again become enforceable.
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As children grow older and circumstances change, it is common for Consent Orders to require amendment.
If both parties agree to the changes, the Court generally only needs to be satisfied that the amended Orders remain in the best interests of the child.
Where parties cannot agree, the party seeking changes must satisfy the Rice v Asplund threshold by demonstrating a significant change in circumstances.
Examples of circumstances that may justify changes include:
Our experienced family lawyers can assist in determining whether Consent Orders are appropriate for your circumstances and guide you through the legal process as efficiently as possible.
In some situations, separated parties are able to reach agreement through negotiation or mediation regarding the division of property and assets.
Our Family Lawyers can assist you in formalising these agreements quickly and economically.
Where a property settlement cannot be achieved through negotiation, the Family Court may determine an appropriate settlement after considering factors including:
Accurate valuation of properties, businesses, and other assets is essential when determining the true value of the asset pool. Our lawyers can advise you on the best approach to help achieve a fair outcome.
Our Family Lawyers have years of experience assisting clients throughout Brisbane with Consent Orders and Family Law matters.
You will have the opportunity to ask questions and obtain clarification on your specific situation.
Our Lawyers will explain the legal process to progress your specific situation.
You will subsequently be provided a written estimate of fees for each stage of your matter.
Our aim is always to settle your matter as quickly as possible ensuring your interests are protected.
Consent Orders once obtained are enforceable by the Court in the event that either party fails to fulfil their obligation’s in the Orders. When the terms of the Orders are breached, the aggrieved party has the right to apply to the Court to enforce the agreed terms of the Consent Order.
A Consent Orders may also provide you with an exemption to paying Transfer Duty on your home it is to be sold or transferred.
A Registrar of the Family Court will review your Consent Orders administratively. This means you may not need to appear before the court.
The Registrar must be satisfied that the agreement is just and equitable and in the best interests of the children before they will approve your Consent Orders.
Applications can be filed any time after separation but should to be filed within 12 months of a divorce or 2 years of the breakdown of a de facto relationship if parties wish to seek orders from the court. To file outside these timeframes, you will need to seek leave of the court.
The Family Court system encourages parties to collaborate amicably and minimise the impact of separation on children.
At A.L.F. Lawyers, we understand how stressful and confusing separation can be for both parents and children. Formalising arrangements regarding parenting and finances is often the first important step toward resolution.
Once an agreement is reached, parties may apply for Consent Orders through the Federal Circuit and Family Court of Australia, depending on the complexity of the matter.
Once approved and stamped by the Court, the Orders become legally binding and enforceable across Australia.
