When couples get divorced or separate, it is important to ensure any agreements about parenting and property are fair, clear, and legally recognised. Consent orders are a way to make sure this happens. These orders allow couples undergoing separation to formalise their agreements legally, to then be enforced by the Family Court.
Family Law Consent Orders reduce confusion, prevent further arguments, and give both parties peace of mind.
What Are Consent Orders and How Do They Work in Australian Family Law?
Consent orders are written agreements that have been approved by the Family Court. Once approved, they have the same legal effect as an court decision made by a judge. For consent orders, you do not need to go to court for a hearing, but you do need to file an application for consent orders, so the court can review the agreement.
There are two main types of consent orders:
Parenting orders deal with children's living arrangements, the time spent with each parent, and other parental responsibilities.
Financial orders cover property division, superannuation splitting, and sometimes spousal maintenance.
Once the Family Court consent orders are made, both parties are required to follow them. If someone breaks the agreement, the other person can ask the court to step in and enforce it.
Also Read: A Complete Guide to Parenting Orders in Australia
Why Should You Apply for Consent Orders After Reaching an Agreement?
If you and your former partner have already worked out an agreement about parenting or dividing property, that's a great first step. However, a verbal agreement or written note without legal backing will not hold up if things go wrong later.
An application for consent orders gives your agreement legal status. It protects both parties and helds to avoid future disagreements.
For example, if someone changes their mind about child arrangements, family law consent orders make it easier to return to the court for help. Or, if property or money isn't divided as agreed, consent orders can be used to enforce the original agreement.
Consent orders also demonstrate to the court that you have made a serious and thoughtful decision, which can help you if problems come up later.
Also Read: Can You Do a Consent Order Yourself?
What Can Be Included in Consent Orders for Parenting and Property?
Consent orders can cover a wide range of matters related to children and finances after separation.
For parenting, you can include:
- Where the children will live.
- How much time they will spend with each parent.
- Arrangements for school holidays and special occasions.
- Who makes decisions about school, health, or religion; whether that be a joint or sole decision.
- How parents will communicate about the children.
For property and finances, you can include:
- The sale or transfer of the family home.
- How money in joint bank accounts will be divided.
- Splitting superannuation between parties.
- What happens to cars, furniture, or other property.
- Spousal maintenance if one person needs financial support for a time.
The Family Court will only approve family law consent orders if they believe the agreement is fair for both parties and in the best interests of the children, where children are involved.
How Do You Apply for Consent Orders in the Family Court?
Filing an application for consent orders is done through the Federal Circuit and Family Court of Australia. Here's how it usually works:
- Prepare the documents: You and your former partner will need to complete a consent order application form. This includes details of your agreement and personal information about your situation.
- Write the terms of the orders: You will also need to prepare a formal document that sets out the exact wording of the consent orders you want the court to approve.
- Sign and file: Both parties must sign the documents. Once signed, you file them with the court either online or by post. No one needs to go to court.
- Court review: A registrar at the Family Court reviews your application for consent orders. They will decide whether the agreement is fair and in line with the law.
- Orders are made: If everything is in order, the court will make the family court consent orders, and they become legally binding.
This process is often faster and cheaper than going through a contested court hearing.
Are Consent Orders Legally Binding and Can They Be Changed Later?
Yes, once consent orders are made by the court, they are legally binding. This means each person has a legal duty to follow the agreement, just as they would if a judge made the order after a trial.
But what if circumstances change? For example:
- One parent moves interstate.
- Someone loses their job and can no longer meet financial obligations.
- The needs of the children change as they grow.
In limited cases, family court consent orders can be changed, but only if both people agree and file a new application for consent orders. If one person does not agree, you must apply to the court to ask for the orders to be changed, and you will need to show that there has been a significant change in circumstances.
It's important to get the agreement right from the start. That's why many people speak with a lawyer before finalising family law consent orders.
Peace of Mind Through Legal Clarity
Consent orders are a powerful way to give structure and certainty to parenting and property arrangements after separation. They help avoid misunderstandings, protect everyone involved, and make sure that any agreements are legally recognised.
Whether you're planning arrangements for your children or working out how to divide property fairly, family law consent orders offer a lasting solution that supports long-term peace and cooperation.
Need Help Making Your Agreement Official?
Do you want your separation agreement to be fair, clear, and legally protected? Talk to our team at Justice Family Lawyers. We help you draft and file your application for consent orders with the Family Court—so your parenting or property settlement is secure.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
