Consent Orders – Andrews Family Law

How Much Does a Consent Order Cost in Australia? (2024 Update)

Peter Andrews — Tue, 25 Jun 2024 05:31:39 +0000

Financial insecurity is a major concern in family law matters. Before legal proceedings, be aware of the potential costs. This will help you navigate family law cost-effectively. Consent orders are one of the most common ways of settling property and parenting arrangements under the Family Law Act.

Here’s how much you can expect to pay for a consent order cost when applying for one.

What are consent orders?

Parenting and property consent orders are legally binding agreements between two parties. It allows people going through a separation or divorce to agree to an arrangement without court intervention mutually.

This is generally considered to be the recommended option for most people.

Learn more: What Is a Consent Order? (Why It’s Useful for Family Law Matters)

Consent Order Cost in 2024

Family Court fees

One of the basic costs of legal proceedings is filing fees. The filing fee for a consent order currently stands at $195. As of 1 July 2024, the new fee will be $200, which can be paid online.

A consent order is a good option because it minimises interaction with the Court. This saves you additional costs. If your matter proceeds to Court, you’ll need to cover other fees such as a hearing fee. A hearing fee applies every day for as many days that the hearing lasts, excluding the first hearing day.

For this reason, it’s best to make a genuine effort to find common ground and areas for compromise. If you’re struggling to find agreement, a conciliation conference can help. A conciliation conference costs $465 ($480 on 1 July 2024).

Legal assistance

Consent orders don’t require the parties involved to seek legal advice. However, speaking to a family lawyer before undertaking any legal action is still recommended. Many law firms offer a fixed fee standard consent order package.

A fixed fee quote will vary between firms but can cost anywhere from $2000 to $10,000.

These fees are affected by different factors. Clients can have complex cases. Other family members may need to be involved to organise the best parenting arrangements for a child’s best interests.

A marital asset pool can be complicated to value and find a fair division. These complications can lead to extended negotiations, which will add to the cost.

Source: Increase to family law fees – 1 July 2024 | Federal Circuit and Family Court of Australia

Fee exemption

Unlike a divorce application, you can’t receive a reduced fee for filing a consent order. However, you may be able to waive the fee.

Eligibility

You can apply for an exemption of “court fees- General” for the following reasons:

You are the primary holder of certain government concession cards, including:
- Health care card
- Pensioner concession card
- Commonwealth Seniors Health card
- Any card entitles you to a concession from Services Australia or the Department of Veterans Affairs.
You have been granted legal aid for the proceeding.
You receive youth allowance, Austudy or ABSTUDY payments.
You’re under the age of 18.
You’re a prison inmate or otherwise legally detained in a public institution.

Financial hardship

If you don’t meet the above criteria, you can still apply for a waiver if you demonstrate financial hardship. The Court uses a three-part test to assess whether a fee will cause an individual undue hardship.

Your gross income must fall below a certain threshold each fortnight before tax. The threshold is affected by how many dependants the applicant has.
The value of your liquid assets (cash or convertible shares or bonds) cannot exceed five times the fee payable.
Your surplus income after daily expenses are accounted for must fall below a certain threshold. For a $195 consent order fee, the maximum allowable income after expenses is $95.

Find out: Consent Orders Vs Binding Financial Agreements: What is the Best for You?

Conclusion

Property and parenting consent orders are popular when settling family law matters. All consent orders have a filing fee. The fee may be waived under certain circumstances. Professional legal assistance is also available, often for a fixed fee amount. Understanding the financial implications of a consent order allows you to approach them more confidently.

Our lawyers can help you obtain a consent order if necessary.

If you need advice on consent orders, contact our office today.

How Long Do Consent Orders Take? (Key Insights to the Timeline)

Peter Andrews — Tue, 04 Jun 2024 05:49:48 +0000

Consent orders are one of the most common legally binding ways of organising family law matters. A consent order can cover a property settlement and parenting arrangements.

The process is straightforward if you follow the process correctly. However, some pitfalls can delay the process and cost you time and money.

Let’s look at how long do consent orders take.

How long does a consent order take?

If everything goes well, consent orders can take around two to three months from the initial application to the court registry processing the order. However, a lot can go wrong during the process, creating delays.

Here’s a timeline to follow and common mistakes to avoid.

Seeking legal advice

The first step should be to obtain legal advice. Unlike a binding financial agreement, independent legal advice isn’t mandatory. However, a family lawyer focusing on consent orders can help you establish priorities and understand your rights and entitlements.

Potential delays

It’s crucial to seek legal advice from a lawyer who suits your needs. Communication is one of the key components of a healthy lawyer-client relationship. Avoid lawyers who don’t make themselves available to answer questions and address your concerns.

Also, a lawyer should have experience with cases similar to yours. Some clients have complex cases. If a lawyer hasn’t handled similar cases, they may misstep and cost you time and money.

Discover: Why Choose Us Over Other Family Law Firms in Brisbane Area?

Negotiation

Once you have met with a suitable family lawyer, the parties involved can meet for negotiations. If you’re dividing finances, remember that the Court uses a four-step process as per the Family Law Act.

The Court needs to identify the marital asset pool, assess the contributions of each party, determine each party’s future needs and make a final assessment of the application’s fairness.

Parenting consent orders consider the child’s best interests above everything. All of your negotiations should target that goal.

Potential delays

Family law negotiations can get heated. You and the other party will often be unwilling to concede on a point. This can cause significant delays, depending on the severity of the impasse. If parents disagree about co-parenting arrangements, remember that your child’s welfare precedes personal vendettas.

There’s an objective process for property orders. This is why a good family lawyer is crucial. Understanding what the Court looks for will make navigating negotiations easier and reduce delays.

Draft the application

There’s a do-it-yourself kit on the Federal Circuit and Family Court of Australia website that simplifies the application. However, we still recommend using a family lawyer to ensure you include all the relevant information.

Potential delays

One reason for applications being rejected is that the Court needs more information. Financial consent orders often require supporting documents. Neglecting this can significantly increase the time required to secure an order.

When organising parenting matters, the Court must be satisfied that all the child’s needs are covered. The Court no longer assumes that equal shared parental responsibility is best.

However, both parents should be involved in catering to their children’s education, healthcare, religious instruction and other long-term considerations.

Filing the application

It’s now time to file the application. Taking the time to draft the application correctly will make this step as simple as possible. Filing consent orders attract a filing fee. Filing fees can be waived if you’re eligible for a financial hardship exemption.

Potential delays

There is a deadline for filing consent orders. Divorcing couples must file their application within 12 months of their divorce order being granted. De facto couples have two years from their separation date to make their application.

You can apply for leave to consider your application after expiration. However, the Court will require you to demonstrate exceptional circumstances to justify the grant of leave. This will add further delays. Bottomline, make sure you meet the deadlines.

Conclusion

The consent order application process has been streamlined by the Family Court’s amalgamation. However, you can still face costly delays. You can minimise these delays by understanding the consent order timeline and recognising common pitfalls.

We offer free consultations if you need help with a consent order

What Is a Consent Order? (Why It’s Useful for Family Law Matters)

Peter Andrews — Wed, 15 May 2024 15:42:30 +0000

Dealing with family law disputes can be challenging, and consent orders can be a helpful solution. But what is a consent order?

This guide will give you the basics to move forward and address your legal matters effectively and confidently.

What is a Consent Order?

A consent order is a legally binding agreement the court approves to formalise matters related to property settlements, parenting arrangements, or spousal maintenance following separation or divorce.

By agreeing to the terms and conditions of the order outside of litigation, parties can avoid lengthy court battles, reduce costs, and maintain greater control over the outcomes of their disputes.

A clear understanding of a consent order and how it fits into the process of resolving family law disputes can help reduce the stress and uncertainties associated with such proceedings.

The Legal Framework for Consent Orders

Understanding the legislative foundations governing consent orders and their role in family law dispute resolution processes:

1. Family Law Act 1975

Consent orders are governed by the Family Law Act 1975, granting courts the authority to make orders with the parties’ agreement regarding children, property, or spousal maintenance matters.

2. Court approval

Although the terms of a consent order are agreed upon by the parties involved, the order must be submitted to and approved by the court to become legally binding.

3. Legally binding

Once the court approves, consent orders have the same legal effect as court-imposed orders, meaning both parties must adhere to the agreed-upon terms or face potential legal consequences.

The Benefits of Consent Orders

Exploring the advantages of pursuing a consent order as opposed to engaging in potentially protracted litigation:

1. Cost savings

Consent orders can save parties substantial legal costs by avoiding court appearances and lengthy negotiations associated with litigation.

2. Time efficiency

As the parties agree upon the terms of the consent order, they can significantly reduce the time spent resolving their disputes compared to going through the court process.

3. Control over outcomes

Consenting parties can shape the terms of the agreement to suit their specific needs and circumstances, maintaining greater control over the outcome instead of relying on an imposed court decision.

4. Reduced conflict

Consent orders encourage cooperation and communication between parties, promoting a more amicable resolution and minimising conflict during the dispute resolution process.

Find out: Consent Orders Vs Binding Financial Agreements: Which is the Best for You?

The Process of Obtaining a Consent Order

An overview of the steps involved in drafting, negotiating, and lodging a consent order with the court:

Step 1: Negotiation and agreement

The parties must first negotiate and agree upon the terms of their consent order, often with the assistance of their respective legal representatives or through alternative dispute resolution methods such as mediation.

Step 2: Drafting the consent order

Once the terms have been agreed upon, consent orders must be drafted clearly and legally enforceable, typically by qualified legal practitioners.

Step 3: Lodging the consent order

Consent orders must be submitted to the court for approval and a signed Application for Consent Orders document. Parties should also include any supporting documents or evidence that may be relevant to their application.

Step 4: Court approval

Once lodged, the court will review the consent order to ensure the terms are just and equitable in property matters or the child’s best interests regarding parenting arrangements. If satisfied, the court will approve and legally bind the consent order.

When Consent Orders May Not Be Appropriate?

Recognising specific circumstances where consent orders may not be the best option for resolving disputes:

1. High levels of conflict

Consent orders rely on agreement and cooperation between the parties. In highly acrimonious disputes, where communication has broken down, reaching an agreement may be challenging or impossible.

2. Domestic violence or abuse

In situations where there has been domestic violence or abuse, consent orders may not adequately protect the victim, and court intervention may be necessary to ensure their safety.

3. History of non-compliance

If one party has a history of non-compliance with previous orders or agreements, consent orders may not provide sufficient enforcement mechanisms, and litigation may be more appropriate.

Conclusion

Consent orders can be a powerful tool for resolving family law disputes more amicably and efficiently, while empowering the parties involved to take control of their outcomes.

By understanding the legal framework, recognising the benefits, and following best practices on the consent order application process, you can effectively navigate the family law dispute resolution process and protect your interests.

If you want advice with consent orders, Andrews Family Lawyers can help.

Consent Orders vs. Binding Financial Agreements: Deciding the Best Approach for You

What Are the Requirements for a Consent Order? (Essential Guide)

Peter Andrews — Tue, 16 Apr 2024 18:12:26 +0000

When separating couples reach an agreement on dividing their assets or childcare responsibilities, they often seek a consent order to formalise their agreement and make it legally binding.

Acquiring a consent order from the Family Court is essential to ensure that both parties follow the agreed terms and for them to seek legal recourse if necessary.

In this article, we will discuss the requirements for a consent order in Australia and provide an overview of the essential documents and information you will need.

Important Requirements for a Consent Order

Submitting a clear, well-organised application is crucial for obtaining a consent order swiftly and efficiently. The specific documents required for the application will depend on the nature of the order – (whether it relates to property settlement, parenting arrangements, or spousal maintenance).

However, certain essential documents are generally required for all consent orders:

1. Application for Consent Orders

This form must be completed and submitted to the Family Court. It outlines the terms of the proposed agreement and provides detailed information about the parties’ assets, income, and financial circumstances.

2. Minutes of Consent

This comprehensive document outlines the agreed-upon terms in detail. It must adhere to a specific format and be fully transparent about the parties’ intentions.

3. Parenting Plan (if applicable)

If the consent order deals with parenting arrangements, it is crucial to include a written parenting plan outlining the agreement’s details, such as the children’s care, welfare, and living arrangements.

4. Financial Statements

The parties involved must provide accurate and current financial statements illustrating their assets, liabilities, and superannuation for consideration by the Family Court.

5. Compliance with Mandatory Legal Advice

If the consent order involves superannuation or pension splitting, each party should provide a signed agreement indicating they have received independent legal advice about the agreement’s ramifications.

Discover: What Is a Consent Order?

Tips for Preparing a Consent Order Application

Once you have gathered all the necessary documents, ensuring your application is well-structured and presented is essential.

Here are some tips to streamline the application process for consent orders:

1. Seek Professional Assistance

Engaging an experienced family lawyer can ensure that your application adheres to the court’s specific requirements and has a higher chance of being approved.

2. Be Thorough and Accurate

Providing incomplete or incorrect information can delay the application process and may result in rejection. Take the time to double-check all financial information and ensure the terms of the agreement are accurately represented.

3. Consider Potential Disputes

It is crucial to consider potential disagreements that may arise in the future due to changes in circumstances and address these issues in the application to avoid disputes down the line.

The Process of Obtaining a Consent Order

Once you have prepared your application, the process of submitting it for review and approval by the Family Court is relatively straightforward:

1. File the Application

Submit the completed application form and supporting documents to the Family Court. There may be a filing fee, which varies depending on the nature of the order and the case circumstances.

2. Court Review

The court will consider whether the proposed agreement is fair and equitable to both parties, considering their financial circumstances and the children’s best interests.

3. Approval or Amendments

If the court is satisfied with the terms of the agreement, they will approve the order, making it legally binding. However, they may request further information or propose amendments to the terms if there are concerns.

4. Enforcement

Once approved, the consent order must be adhered to by all parties involved and can be enforced by the court if necessary.

For a step-by-step guide on how to obtain a consent order, check out our blog here

The Importance of Complying with a Consent Order

All parties need to understand the implications of a consent order and comply with its terms. Failure to do so can result in legal consequences, including penalties imposed by the court.

Compliance with a consent order maintains the integrity of the agreement and promotes a sense of trust and certainty between the parties.

Additionally, it is crucial to be aware of possible changes to circumstances, such as a significant decrease or increase in assets or income, which can impact the terms of a consent order.

If such a situation arises, seeking legal advice and potentially applying to the court for a variation of the order is recommended to avoid non-compliance.

Conclusion:

Obtaining a consent order is a vital step for separating couples in reaching a legal and binding agreement on their financial and parenting obligations.

By understanding the essential documents and information required, preparing a well-structured application, and committing to complying with the order, you can ensure that the process is as smooth and efficient as possible.

If you need assistance with family law matters, Andrews Family Lawyers can help.

Consent Orders Vs Binding Financial Agreements: What is the Best Approach for You?

Peter Andrews — Tue, 06 Feb 2024 18:34:07 +0000

In family law, couples who are separating often choose to settle property and financial matters through either consent orders or binding financial agreements (BFA). Both options are valid ways of addressing these issues, but it’s important to understand their advantages and disadvantages to determine the most suitable approach for your situation.

This guide will provide a comparison of consent orders vs binding financial agreements to help you decide which option better suits your family law needs.

Definitions and Purposes

Consent Orders: Consent orders are legally binding agreements the Family Court approves. They cover the division of property, payment of spousal maintenance, and parenting arrangements following a relationship breakdown. Consent orders typically result from negotiations between the parties, which are then submitted to the court for approval.

Binding Financial Agreements: Binding financial agreements, often referred to as “prenuptial agreements” (prior to marriage), “postnuptial agreements” (during marriage), or “separation agreements” (following separation), are private contracts between the couple that establish the distribution of assets, liabilities, and financial resources, and potentially provide provisions for spousal maintenance in the event of separation or divorce.

Consent Orders Vs Binding Financial Agreements: Advantages and Disadvantages

Consent Orders:

Advantages:

i. Court-approved: As the Family Court approves them, consent orders carry the weight of a formal court order, ensuring enforceability and legal certainty.

ii. Flexibility: Consent orders can be tailored to accommodate the unique aspects of your relationship or property division.

iii. Costs: Utilising consent orders can be cost-effective, as parties generally negotiate the terms of the order without the need for an extensive court hearing.

Disadvantages:

i. Delay: The court approval process can take several months, with no guarantee the court will formally approve the orders.

ii. Limited privacy: Court records remain public, which may not suit couples with privacy concerns.

Binding Financial Agreements:

Advantages:

i. Privacy: As private contracts, binding financial agreements offer increased privacy compared to consent orders.

ii. Pre-meditation: Couples can enter into binding financial agreements before, during, or after their relationship, allowing early division planning and reducing potential disputes later on.

Disadvantages:

i. No court oversight: Unlike consent orders, binding financial agreements lack formal court approval, which can impact the certainty and enforceability of the agreement.

ii. Costs: Drafting a legally binding and effective financial agreement often requires extensive legal advice, potentially increasing costs.

At Andrews Family Lawyers, our experienced team can help you with consent orders or binding financial agreements. Book a free consultation today.

Suitability for Your Situation

Consent Orders: Consent orders are generally more suitable for couples who prefer the certainty and enforceability that comes with court-approved arrangements, or those with complex property divisions that require a flexible and tailored approach.

Binding Financial Agreements: Binding financial agreements are better suited for couples who value privacy, wish to make early plans regarding asset division, or aim to streamline financial distributions in case of separation or divorce.

Obtaining Professional Advice

Engaging an experienced family lawyer is essential to guide you through the decision-making process and ensure the best possible outcome for your circumstances:

Expert guidance: An experienced family lawyer can help you evaluate your options and develop a strategy that aligns with your unique needs.
Legal compliance: A knowledgeable family lawyer can draft your consent orders or binding financial agreements to meet stringent legal requirements and ensure enforceability.
Negotiation support: Engaging a family lawyer for representation during negotiations can help protect your interests and ensure a fair, equitable, and amicable resolution to your family law matters.

To find the best family lawyer in Brisbane, check our blog here.

Conclusion

Choosing between consent orders and binding financial agreements is an essential step in resolving family law issues for separating couples. By understanding the key differences, advantages, and disadvantages of each option, you can make an informed decision on the most suitable approach for your unique circumstances.

At Andrews Family Lawyers, our committed Brisbane family law professionals are well-equipped to advise you on the best course of action for your family law needs, providing tailored guidance and support. With a focus on empowering our clients through knowledge and open communication, your family law journey will be navigated confidently and strategically.

If you require assistance with consent orders or binding financial agreements, please do not hesitate to reach out to us.

What’s Involved in a Consent Order? A Step-by-Step Guide When Obtaining Consent Order

Peter Andrews — Mon, 13 Nov 2023 18:00:12 +0000

When a relationship ends, various legal issues often exist, such as property settlements, parenting arrangements, and divorce. The consent order process is one area of family law that can provide a more amicable resolution for separated couples.

This article will explore in detail what’s involved in obtaining consent order and provide a step-by-step guide to help you better understand this aspect of family law.

What is a consent order?

A consent order is a legally binding agreement between former partners, usually relating to property settlements or parenting plans. Obtaining a consent order can be a beneficial way of resolving disputes without the need for costly and time-consuming court battles. When both parties reach an agreement voluntarily, the decision-making process and the resulting outcome are often viewed as fairer, which can lead to improved post-separation relationships.

The consent order process involves several steps, from reaching an agreement with your former partner to having the consent order approved by the court. Each stage is crucial in ensuring the consent order is legally binding and enforceable.

In this step-by-step guide, we will walk you through the main processes involved in obtaining a consent order, including:

Reaching an agreement with your former partner
Drafting the consent order document
Submitting the consent order application to the court
Awaiting the court’s approval of the consent order

To know more about consent orders, read this.

4 Simple Steps When Obtaining Consent Order

Step 1: Reaching an Agreement with Your Former Partner

The first step in obtaining a consent order is reaching an agreement with your former partner on the relevant issues that must be resolved. In the case of property settlements, this may involve deciding the division of assets, such as real estate, investments, and personal items. Conversations will likely include custody, visitation schedules, and shared decision-making responsibilities for parenting arrangements.

It is essential to have open and honest communication with your former partner during this stage, as it sets the foundation for the entire consent order process. Discuss your concerns, desires, and boundaries with respect and empathy – remember that reaching an agreement can sometimes require concessions from both parties. In some cases, mediation or collaborative family law methods may help facilitate these discussions.

If you need help with consent orders, and other issues related to family law matters, Contact Andrews Family Lawyers to schedule a FREE consultation.

Step 2: Drafting the Consent Order Document

Once an agreement has been reached with your former partner, it’s time to draft the consent order document. This legal document must include specific details about the arrangements you and your former partner have agreed upon. It should cover the division of assets and liabilities, superannuation splitting, spousal maintenance, and any other relevant property settlement issues. When drafting consent orders relating to parenting arrangements, it is essential to address parenting responsibilities, visitation schedules, and any other pertinent matters.

A template consent order document can be found on the family court’s website, but we strongly recommend seeking legal advice from an experienced family lawyer to ensure accuracy and comprehensiveness. An improperly drafted consent order can lead to complications and challenges in the future, so it is essential to get it right from the beginning.

Step 3: Submitting the Consent Order Application to the Court

After both parties have drafted and reviewed your consent order document, it must be submitted to the court for approval. Each party must sign the consent order documentation, which will be lodged with the applicable court. A filing fee is typically required at this stage.

In addition to the signed consent order, you will also need to submit a financial statement, outlining your financial circumstances. This statement is vital for the court to make an informed decision when assessing the fairness of your agreement and determining whether to approve the consent order.

If you need help with consent orders, and other issues related to family law matters, Contact Andrews Family Lawyers to schedule a FREE consultation.

Step 4: Awaiting the Court’s Approval of the Consent Order

Once your consent order application has been submitted to the court, you’ll need to wait for the court’s decision. The court will review the consent order, ensuring that it is fair and complies with the relevant laws regarding property settlements and parenting arrangements.

If the court approves the consent order, it will become legally binding and enforceable. If the court deems that the consent order is unfair or not in the best interests of any involved children, it may request additional information or suggest amendments to the agreement before granting approval.

It is important to note that the approval process can take several weeks or even months, depending on the court’s workload and the complexity of your case. It is vital to remain patient during this time and keep in close communication with your family lawyer to stay informed of any updates.

How Seeking Legal Advice from an Experienced Family Lawyer Can Help You

While obtaining a consent order may seem straightforward, the complexities of family law and the consequences of an improperly drafted or incomplete consent order cannot be underestimated. It is crucial to seek advice from a knowledgeable family lawyer throughout this process.

An experienced family lawyer will guide you through each step of the consent order process, ensuring your agreement is fair, comprehensive, and enforceable. They can assist with drafting the consent order document, advising on possible outcomes, and answering any questions you may have about your rights and responsibilities. Additionally, a family lawyer can provide representation during mediation or collaborative law proceedings, if necessary.

Remember, the outcome of the consent order process can have a substantial impact on your future and the future of your family. Entrusting your case to an experienced family law firm like Andrews Family Lawyers can ensure that your interests are protected during this challenging time.

If you need help with consent orders, and other issues related to family law matters, Contact Andrews Family Lawyers to schedule a FREE consultation.

Conclusion

Obtaining a consent order is a crucial component of the family law process, allowing separated couples to reach legally binding agreements on property settlements and parenting arrangements without resorting to costly and emotionally taxing court battles. By understanding each step of the consent order process and seeking the expert guidance of an experienced family law firm like Andrews Family Lawyers, you can confidently navigate this legal journey and protect your interests now and in the future.

How to Prepare for a Consent Order? (Important Steps for a Smooth Process)

Peter Andrews — Mon, 13 Nov 2023 15:27:56 +0000

When you prepare for a consent order, it’s crucial to have a clear and structured approach. This guide is designed to help you navigate the complexities of preparing for a consent order, ensuring you understand each step. With careful planning and a thorough understanding of the legal landscape, you can confidently approach this task.

Whether you are a legal practitioner or an individual, this guide equips you with fundamental tools and strategies for approaching the task confidently and ensuring a smooth and efficient process.

Understanding Consent Order

Before diving into the preparation process, it’s crucial to understand consent orders and how they work. A consent order is a legally binding agreement between two parties which typically addresses the division of property, parenting arrangements, and financial matters, such as spousal maintenance and child support. Consent orders can be an effective, cost-effective, and amicable alternative to resolving disputes through the courts, enabling both parties to reach a mutual agreement more efficiently.

If you want to know more about consent orders, read this.

1. Open Communication with Your Former Partner

Clear and open communication with your former partner is the first step in preparing for a consent order. By maintaining a constructive line of communication, you’ll be able to identify and discuss areas of agreement and disagreement, allowing you to establish the foundations of your consent order. It’s important to approach discussions collaboratively, keeping an open mind and respecting each other’s viewpoints.

2. Accurate and Comprehensive Financial Disclosure

A complete and truthful disclosure of financial assets, liabilities, and income is vital when preparing for a consent order. This information will help you and your former partner to determine a fair and equitable division of assets, and both parties must be transparent about their financial circumstances.

Under Australian law, both parties must provide full financial disclosure. Failure to do so may leave the consent order susceptible to being set aside or challenged in court if any undisclosed assets or income sources are discovered.

3. Engage an Experienced Family Lawyer

Once you have established the basis for your consent order, seeking professional advice from an experienced family lawyer is essential. A family lawyer will help guide you through the legal process, ensuring that your consent order complies with all applicable legislation and will likely be approved by the court. They can also provide valuable insights and recommendations to help you reach a fair agreement, tailored to your unique circumstances and in the best interests of any children involved.

4. Prepare and Lodge Consent Order Application

With the guidance of your family lawyer, the next step is to prepare and lodge a consent order application with the Family Court. This application will include details about the proposed orders and relevant information regarding the parties involved and any children affected by the agreement. Both parties must thoroughly review the consent order application, ensuring its accuracy and completeness before signing and submitting it to the court.

Upon lodgement, a court registrar will review the consent order application to determine its fairness and ensure it complies with the law. If the registrar deems the proposed orders to be fair, they will approve the consent order, making it legally binding.

5. Prepare for any Necessary Adjustments or Additional Orders

Although the aim is to have your consent order approved as quickly and smoothly as possible, it’s essential to prepare for any necessary adjustments or additional orders the court may require. The registrar may request changes to the proposed consent order to ensure fairness, or they may identify issues that were not originally considered.

In such cases, working closely with your family lawyer to address the registrar’s recommendations and make the required adjustments to your consent order application is crucial.

If you need help with consent orders, and other issues related to family law matters, Contact Andrews Family Lawyers to schedule a FREE consultation.

How to prepare for a consent order? (Tips for a Successful Process)

To help you navigate the consent order process more efficiently, consider the following tips:

1. Stay Organised: Keep all relevant documents, such as financial statements, property valuations, and statements of contributions, organised and easily accessible. This will save you time and effort while preparing and lodging your consent order application.

2. Be Realistic and Cooperative: When approaching negotiations, remember the ultimate goal: to reach a fair and sustainable agreement that minimises conflict. Be realistic about your expectations and willing to compromise when necessary.

3. Consider Mediation: If you encounter difficulties reaching an agreement with your former partner, engaging a mediator could be a valuable option to help resolve conflicts and facilitate productive discussions.

4. Prepare a Parenting Plan: If your consent order includes parenting arrangements, it’s a good idea to prepare a parenting plan detailing the desired outcomes and specific arrangements. A well-structured parenting plan can streamline the consent order process and minimise misunderstandings in the future.

By following these steps and tips, you’ll be well on your way to developing and lodging a successful consent order application that reflects a fair and equitable agreement between you and your former partner, ultimately providing a solid foundation for a positive future rapport.

Achieve a Fair and Amicable Agreement with Professional Guidance

A consent order is an essential step in legal matters that requires a careful approach. It’s usually used during divorce or separation when both parties agree. However, getting ready for a consent order can be complicated because there are many laws and rules to follow. It’s a critical moment in the legal process, so being very careful is essential.

If you need help with consent orders, and other issues related to family law matters, Contact Andrews Family Lawyers to schedule a FREE consultation.

Consent Orders – Andrews Family Law

How Much Does a Consent Order Cost in Australia? (2024 Update)

What are consent orders?

Consent Order Cost in 2024

Family Court fees

Legal assistance

Fee exemption

Eligibility

Financial hardship

Conclusion

Related Articles

How Long Do Consent Orders Take? (Key Insights to the Timeline)

How long does a consent order take?

Seeking legal advice

Potential delays

Negotiation

Potential delays

Draft the application

Potential delays

Filing the application

Potential delays

Conclusion

Related Articles

What Is a Consent Order? (Why It’s Useful for Family Law Matters)

What is a Consent Order?

The Legal Framework for Consent Orders

1. Family Law Act 1975

2. Court approval

3. Legally binding

The Benefits of Consent Orders

1. Cost savings

2. Time efficiency

3. Control over outcomes

4. Reduced conflict

The Process of Obtaining a Consent Order

Step 1: Negotiation and agreement

Step 2: Drafting the consent order

Step 3: Lodging the consent order

Step 4: Court approval

When Consent Orders May Not Be Appropriate?

1. High levels of conflict

2. Domestic violence or abuse

3. History of non-compliance

Conclusion

Related Articles

What Are the Requirements for a Consent Order? (Essential Guide)

Important Requirements for a Consent Order

1. Application for Consent Orders

2. Minutes of Consent

3. Parenting Plan (if applicable)

4. Financial Statements

5. Compliance with Mandatory Legal Advice

Tips for Preparing a Consent Order Application

1. Seek Professional Assistance

2. Be Thorough and Accurate

3. Consider Potential Disputes

The Process of Obtaining a Consent Order

1. File the Application

2. Court Review

3. Approval or Amendments

4. Enforcement

The Importance of Complying with a Consent Order

Conclusion:

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Consent Orders Vs Binding Financial Agreements: What is the Best Approach for You?

Definitions and Purposes

Consent Orders Vs Binding Financial Agreements: Advantages and Disadvantages

Consent Orders:

Binding Financial Agreements:

Suitability for Your Situation

Obtaining Professional Advice

Conclusion

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What’s Involved in a Consent Order? A Step-by-Step Guide When Obtaining Consent Order

What is a consent order?

4 Simple Steps When Obtaining Consent Order

Step 1: Reaching an Agreement with Your Former Partner

Step 2: Drafting the Consent Order Document

Step 3: Submitting the Consent Order Application to the Court

Step 4: Awaiting the Court’s Approval of the Consent Order