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Consent Orders
Consent Orders
A Consent Order is a Court order made with the consent of the parties regarding their Family Law matter. Consent orders are made by a Registrar of the Court and are enforceable in the same way as if the orders had been made by a Judge. Consent orders will be final, although in limited circumstances the Court does have power to set them aside and make new orders.
An application for Consent Order must be filled within 12 months of divorce or 2 years since the end of a de facto relationship. Out of time applications can be filed with leave (permission) of the Court.
What can be covered in Consent Orders
Consent Orders can be made regarding any of or any combination of the following:
- Orders concerning children (parenting)
- Financial or property orders
- Spousal maintenance,
- De facto maintenance.
Consent orders cannot be made regarding:
- Child maintenance,
- Medical procedures,
- Orders concerning children in favour of a person not a parent, grandparent or relative of the child,
- Declaration of existence of de facto relationship.
Advantages
- Requirement that the Consent Order is just and equitable or best interest of the child.
- Simpler and cheaper than litigation.
- Permanent record of the Consent Order.
Disadvantages
- Requires Court attendance.
- They cannot be made pre or during relationship (marriage or de facto).
- Terms of the Consent Orders form public record.
- Parties must make full and frank financial disclosure.
The above should not be treated as legal advice but general information and if you have separated from your partner and wish to enter Consent Orders for parenting or property, you should seek legal advice.
To obtain advice on your RIGHTS, call AMA Legal on (02) 8610 3764 or 0431 630 158.
