If you and your former partner have agreed on an approach to parenting and/or financial and property arrangements, you can formalise your agreement by entering into Consent Orders. Consent Orders can only be entered into when you and your former partner have reached an agreement, whether between yourselves, or with the assistance of your family law lawyers. Consent Orders are legally binding and enforceable by the Family Court. They can be used to vary or discharge existing family law Orders that may be outdated or impractical. Consent Orders are final and can be difficult to change without agreement. It is therefore imperative to seek legal advice from family law lawyers about your family law rights and entitlements.
Consent Orders must be filed in the Family Court of Australia together with an Application for Consent Orders. The fee for entering into Consent Orders is $165, or free if you are eligible for an exemption of fees.
Property Consent Orders
Property consent orders can set out how you wish to divide your matrimonial property. The Court will only grant consent Orders if it considers the agreement to be just and equitable. Therefore, you will be required to disclose your assets and liabilities in your Application for Consent Orders for the Court to consider.
Parenting Consent Orders
Parenting Consent Orders can set out who the child will live with, how much time they will spend with the other parent, and how the children may communicate with their parents eg telephone time. They may also set out agreements on major long-term decisions such as where the children should live, what school they should attend, their name and religious upbringing.
If you have come to an agreement with your former partner or think you are close to coming to an agreement, contact one of our Family Law Lawyers to have your agreement formalised into Consent Orders.
For advice about Consent Orders and how they can resolve your family law matter contact us on 1800 300 170 or email us at famlaw@matthewsfolbigg.com.au
Disclaimer
Family law situations can be complex and sometimes they can involve serious issues. Information outlined is proposed to provide general guidance only. Due to the seriousness of legal matters as well as the uniqueness of your individual situation, professional advice should be sought. For advice, please contact one of our Family Lawyers.
