A solicitor does not need to sign off on consent orders. Before signing off on proposed Consent Orders, neither party is required to obtain independent legal advice.  When parties are in agreement with one another, they do not seek independent legal advice and therefore do not require a solicitor to sign off on the documents being filed.   In addition, the court documents do not need to be witnessed, whether by a Solicitor or a Justice of the Peace, or indeed by anyone, and all documents can be signed by both parties.   Obtaining Consent Orders should be contrasted with signing ..read more

  What is a just an equitable agreement look like If the court is satisfied that the proposed Orders are “just and equitable” in a property settlement proceeding, it can make Consent Orders. As a result, what is considered just and equitable will vary considerably depending on the circumstances of the individual case. If, for example, one party worked full-time throughout the relationship and the other party largely stayed at home with the children and otherwise worked part time, it is often a good starting point for a court to consider that each party’s contributions to the relationship ..read more

  How to obtain a Consent Order from the family court? You must file two documents with the Family Court in order to obtain Consent Orders if you do not already have court proceedings in progress. “Application for Consent Orders” is the first document. In the case of property matters, this document outlines each party’s background and income, and their assets and liabilities, including their superannuation. A table at the end of the document presents a monetary summary of the outcome that is being proposed. By identifying this overall percentage split, the court is able to determine ..read more

What are the advantages of Consent Orders. A parenting plan consists of a written agreement between two people after they have attended mediation through a family relationships center. The agreement outlines the future care arrangements for a child or children of the relationship, which is signed by both parties. However, a parenting plan is not legally binding and cannot be enforced by a court. In many cases, these documents are not properly drafted and cannot be enforced, even if a court were to give one consideration.   An Order relating to parenting matters will often contain similar ..read more

What purpose do consent orders serve ? A Consent Order formalizes an agreement that has been reached between two parties to a former relationship, whether they were married or defacto, in relation to their property settlement, including spousal maintenance, as required, and/or the future care of their children.   The risk of not formalizing your agreement is that one party may change their mind or decide at a later date that they don’t wish to follow it anymore. As long as the agreement was never formally constituted by a court order, either party can simply refuse to comply with it, and ..read more

    Does a Consent Order differ from a court order? Both court orders and consent orders are legally binding and enforceable by the court. Therefore, there is no practical difference between them. The difference between the two is that a Consent Order is made between the parties. Both parties are asking the court to issue the Consent Order after an agreement has been reached between them. Court orders can be made with or without consent. A court will often make orders in the case of parties in the Family Court who are involved in court proceedings that either advance the case or dic ..read more

  What is a ‘Minute of Consent”. Minutes of Consent are essentially documents that contain the Consent Orders you are asking the court to make on your behalf. A minute of consent can include either property settlement Consent Orders or parenting orders, as well as Consent Orders for the payment of spousal maintenance. Consent Orders are issued in accordance with the Minute of Order that has been signed by and submitted on behalf of the parties. The court will consider the Minute of Order if it is in order and all of the provisions are drafted in a way that is legally binding and enforcea ..read more

  If you breach a Consent Order, what happens? Breach of a court Order has the same consequences whether it was made by consent or after a contested hearing. Most often, the court will want to see the Order implemented and it can sometimes be the case that no other Orders that might otherwise be punitive in nature are made if it appears as though the Orders will be implemented in the future. For many people, the prospect of having to appear in court and answer questions about why they haven’t complied with an Order is sufficient to ensure compliance in the future without having to incur ..read more

How long does it take to process Consent Orders? While there are no hard and fast rules when it comes to timelines, we generally suggest that it takes approximately 28 days from the date that your documents are lodged to the Family Court until the Consent Orders are made and made available. Today, court orders are typically available online and can be downloaded with the court seal on them, allowing them to be forwarded to relevant organisations such as conveyancers who are handling property transfers, or schools that require family court orders to be registered with them.   You can make ..read more

  How long do Consent Orders take?   How long will the family court take to approve your Consent Orders? The time it takes for the Family Court to approve consent orders depends on the time of year of your application and which registry your matter has been allocated to. Since there has been an amalgamation between the Federal Circuit Court and the family court, we have generally seen times fall for the approval of consent orders.  If you submit your consent orders towards the end of the year heading into Christmas, we generally expect a longer wait time. This is because there ..read more