Consent Orders – Commonly Asked Questions
What is a Consent Order in Family Law?
A family law consent order is a written agreement that is approved by the Family Court of Australia.
If you have reached an agreement with your former spouse and you want to formalise that agreement and make it legally binding, you can apply to the Family Court for Consent Orders. Consent Orders are used to formalise arrangements about:
- the care, welfare and development of your children (known as parenting orders);
- the division of property;
- superannuation; and/or
- spousal maintenance.
Consent orders have the same legal effect as an order made after a Court hearing.
Do I need a lawyer?
No, you do not need to engage a lawyer to apply to the Family Court for Consent Orders. There is no legal requirements to have a lawyer represent you to apply for Consent Orders. The Family Court website suggests seeking legal advice to help you understand your legal rights and responsibilities.
How long do Consent Orders take?
Once we have all the information from you, it will take 2-3 days to complete your court documents. Once you have filed your documents with the Family Court, it usually takes 2-4 weeks for the court to approve your Consent Orders.
Is a Consent Order legally binding?
Yes, a Consent Order is legally binding on both parties. It will offer you protection should the other party not comply with the orders.
Can you change an existing Consent Order?
Yes, you can change an existing Consent Order if both parties agree to the change. You can make an application to vary or discharge an existing order.