Consent Orders

What are They and Why are They Significant?

In the Australian Family Law system, Consent Orders serve as a valuable mechanism for resolving disputes and formalising agreements between parties, without the need for lengthy and costly Court proceedings. Consent Orders offer a legally binding solution and can be drafted to cover various aspects of family law, including parenting arrangements, property settlements, and financial matters. This article aims to provide an overview of Consent Orders and their significance within the Australian Family Law system.

Consent Orders are written agreements that reflect the mutually agreed-upon terms between parties involved in a family law dispute. These orders are approved by the Family Court of Australia or the Federal Circuit Court (“FCFCoA”), making them legally enforceable.

Consent Orders can cover a wide range of matters, including child custody and visitation arrangements, division of property and assets, spousal maintenance, child support, and any other financial matters. These orders can be tailored to the specific circumstances of each case, ensuring that the agreed-upon arrangements align with the best interests of the children involved and the parties’ financial circumstances.

Consent Orders are made of two parts:

1. The Application – which largely includes information about the parties, any children of the relationship and provides a snapshot of their current financial situation; and
2. The Minute of Proposed Orders – which is comprised of the negotiated orders that the parties compile and agree upon, then signed by each party.

Once the Court receives the filed Application and Minute, it will review the documents and, if satisfied that the orders are fair, will make the orders legally binding.

On account of this streamlined process, Consent Orders offer several advantages. They, they provide a quicker and more cost-effective resolution compared to litigation. By avoiding court proceedings, parties can save time, money, and emotional stress. Depending on the FCFCoA’s workload at the time, an Application for Consent Orders is usually considered within 4-6 weeks of filing. By comparison, it is not unusual that people taking the traditional Court litigation route waiting 18-months before reaching their Final Hearing. In addition, Consent Orders provide certainty and stability, as they are enforceable by law. This ensures that parties are bound by the agreed terms and can seek legal recourse if these terms are not adhered to. Lastly, Consent Orders can be consensually modified if there are substantial changes in circumstances, allowing for flexibility in addressing evolving needs and situations.

Consent Orders play a vital role as a non-litigious avenue of resolving disputes in the Australian Family Law system, providing a pathway for parties to resolve disputes and reach agreements in a legally binding manner. They offer a practical alternative to lengthy court proceedings and empower parties to take control of their family law matters.

If you wish to discuss the suitability of Consent Orders for your matter and ensure that you have the best possible advice, call us on (03) 8391 8411 or email us using our contact form to book an appointment.