A Practical Guide to Application for Consent Orders

Why Consent Orders Matter 

The application for consent orders is a legal step for anyone navigating the complexities of separation. Ending a relationship is never easy. It brings agitation, financial stress, and uncertainty about the future.  

This is why you should secure a consent order to provide legal protection, so you and your partner uphold your commitments. It fosters clarity, security, and peace of mind during a challenging time. 

Imagine that you and your former partner already agreed on who keeps the house, how the assets will be divided, and the custody arrangements for the children. Everything seemed amicable, until circumstances changed. Your partner lost their job and refused to uphold their part of the agreement, or worse, made a financial claim not included in your discussion. Without a legally binding consent order, you have little protection against these risks. 

What Is the Application for Consent Orders? 

Once a couple separates, an informal agreement may not offer long-term security. A consent order, issued by the Family Court, transforms mutual agreements into legally binding commitments, which prevents disputes over property, finances, and parenting arrangements in the future. 

A consent order covers various aspects of separation: 

• Property settlement agreements to divide assets, liabilities, and superannuation entitlements fairly between both parties.  

• Spousal maintenance to outline financial support for a former partner who cannot support themselves. 

• Parenting arrangements to establish custody, living arrangements, and parental responsibilities of each parent. 

• Debt allocation to clarify responsibility for existing debts, and to prevent unexpected financial burdens. 

However, there is a limit as to when to apply for consent orders. You have 12 months after your divorced had been finalised, if you were married, or 24 months if you were in a de-facto relationship, so make sure you submit your application within these timeframes. 

How does a consent order benefit you? 

Once a consent order is approved, it becomes legally enforceable. This means that neither party will be able to go back on the agreed terms, and they cannot make future claims not included in those terms. You won’t have to worry about your former partner suddenly demanding a larger share of assets or reneging on previously agreed financial support. 

A consent order helps you avoid lengthy and costly litigation that may take years, which drains financial resources. Consent orders provide a simpler and faster alternative. 

Since consent orders are tailored to each couple’s situation, they allow for customised agreements for the couple’s situation. It makes sure that the terms are fair and equitable. By clearly defining financial responsibilities and parenting arrangements, the consent order prevents misinterpretations that could lead to conflicts.  

Lastly, having a consent order reduces emotional stress. Knowing that legal protection is in place allows both parties to move forward, without fear of disputes or unexpected claims. 

Application for Consent Orders Process 

Application for consent orders help you create a smooth and legally secure resolution to your separation. By following these steps, you avoid unnecessary delays and be compliant with legal requirements. 

Step 1: Reach a Mutual Agreement 

Before lodging your application, you and your former partner must finalise the terms of your agreement. This is done independently during negotiation sessions if needed. If you cannot reach an agreement, you can enlist the help of a mediator or legal advisor if necessary. 

Step 2: Complete and Submit the Application for Consent Orders 

The application process involves completing Form 11 (Application for Consent Orders) and drafting the proposed Minute of Order, which outlines the agreed terms. This is also the time to gather supporting documents like financial disclosures, statements, and other relevant information. 

Step 3: Submit Forms and Required Documents to Court  

Once the application is complete, file it with the Family Court through the official Commonwealth Courts Portal and pay the filing fee via debit or credit card. The court reviews the documents to check that the agreement is fair and in the best interests of any children involved. 

Approval Timeframe 

Processing times vary, but application consent orders are usually approved within 6-8 weeks. Delays occur if documentation is incomplete or if the agreement raises concerns. If rejected, applicants may need to modify and resubmit their agreements. 

Once approved and sealed by the court, the consent orders become legally binding. 

Costs and Legal Considerations 

Applying for a consent order requires a court filing fee of $200, though legal costs vary if you seek professional assistance. Engaging a family lawyer may increase upfront expenses but it helps avoid costly errors. 

If you think hiring a lawyer is too expensive, opt to file for consent orders without one. The family court website is straightforward with form access and even provides you with a downloadable kit to help you with the process. 

Legal advice is highly recommended. A legal professional offers negotiation support, drafts legally sound agreements to avoid court rejection, and provides strategic advice on protecting your rights and ensuring compliance. 

Enforcing and Modifying Consent Orders 

What happens if one party doesn’t comply to the consent orders? 

If this happens, the other party may take legal action through the courts by filing a contravention application. This process addresses violations, so orders are enforced accordingly. 

Contravention application informs the court that the other party breached the consent order so the application must clearly outline the specific breaches of the order and provide evidence to support the claims. 

The court will then schedule a hearing to address the contravention application and both parties will have the opportunity to present their case. The court will determine if a breach has occurred and what actions should be taken. This includes any of the following:  

• Issuing a further order: The court may issue a new order clarifying or modifying the original consent order. 

• Imposing penalties: The court may impose fines or other penalties on the party who breached the order.    

• Contempt of court: In severe cases, the court may find the party in contempt of court, which also results in fines or imprisonment.    

• Enforcement warrants: In cases regarding financial orders, the court issues warrants to enforce the payment of money. 

How to Apply for Changes to Existing Consent Orders 

In some cases, the court may change the original consent order, but it isn’t easy. It requires proof of major life changes, such as financial hardship, job relocation, or adjustments in parenting needs. The court only approves changes when necessary. 

To convince the court you need a change in your existing consent orders, present undisputed evidence: provide supporting documents like financial statements, employment termination, or medical reports to justify the shift in circumstances. 

Renegotiate with your ex-partner and prepare another formal application to the court. If approved, the new consent order overrides the previous version, and the new one becomes legally binding. 

What Happens After Consent Orders Are Approved 

Once the court approves the consent order, both parties must implement the terms as agreed. This may include transferring property or assets, adhering to parenting schedules, making financial payments as outlined, and updating legal documentation such as property deeds. 

If life circumstances change significantly because of relocation or financial hardship, legal advice should be sought to determine whether the orders need to be varied. 

When Consent Orders Might Be Rejected by the Court 

Not all applications for consent orders are approved. Common reasons for rejection include unfair or one-sided agreements, incomplete paperwork, failure to disclose assets, and non-compliance with legal guidelines. 

Parenting orders must prioritise the best interests of the child for stability, security, and continued relationships with both parents where appropriate. 

For example, you and your ex-spouse have agreed that your child will primarily live with you, while your ex-spouse has visitation rights and contributes financially. You also agreed that you will keep the family home, while your ex-spouse retains a larger share of savings and investments. 

However, the court finds the arrangement insufficient regarding financial support for the child and deems the property division unfair for not considering future needs of the parties.  

The court rejects the application, so you have to modify your agreement and resubmit a new version that is up to the court’s satisfaction. 

How to Avoid Rejection 

To increase your chances of approval, see to it that the terms are just and equitable. Disclosure of all assets, liabilities, income, and superannuation are required to avoid the Court rejecting the documents.  

Seek legal advice before submission to prevent errors. A legal professional makes sure that the agreements align with family law principles. If parenting arrangements are part of the consent order, they should be practical, child-focused, and designed to support the child’s well-being in the long term. 

Taking the Right Legal Steps 

Navigating separation is challenging, but getting consent orders secures your future. Even if you and your former partner initially agree on everything, legal expertise makes sure that your agreement is fair and enforceable to prevent future legal disputes. Seek advice from a family lawyer to help you avoid costly mistakes during this complex process. 

The application for consent orders may be just another step in the separation process, but it is one of the most important legal protections you have. Contact us to make sure your consent orders are legally binding, enforceable, and designed to protect your interests.