If you are separating or divorcing, you may wonder what are consent orders and how they fit into family law. A consent order is a written agreement that deals with parenting, property, or financial matters after separation.
Once the court approves the agreement, it becomes legally binding. This means both parties must follow what has been agreed to, just as if a judge had made the decision after a hearing.
Understanding what are consent orders helps families reach fair solutions without going through a long and stressful court battle.
What Are Consent Orders and How Do They Work in Family Law?
When asking what are consent orders, the key point is that they are formal agreements approved by the Federal Circuit and Family Court of Australia.
They allow separated couples to record how they want to divide their assets or arrange care for their children. Once the orders are made, both parties must follow them.
Consent orders work by first drafting an agreement, then lodging it with the court for approval. A registrar reviews the application to check if it is fair, practical, and in the best interests of the children if parenting is involved.
The process is usually simpler and less stressful than going through a full trial. By choosing consent orders, couples can save time and reduce conflict while still achieving a binding outcome.
When Should Couples Apply for Consent Orders in Australia?
Couples often ask when is the right time to apply for consent orders. It is usually done after separation, once both parties have reached an agreement about parenting arrangements, property settlement, or spousal maintenance.
If you and your former partner have worked out your decisions and want them to carry legal weight, applying for consent orders is a smart step.
In property matters, there are time limits. For married couples, the application should be made within 12 months after a divorce order is granted.
For de facto relationships, it must be done within two years of separation. Applying for consent orders within these timeframes helps ensure your agreement is recognised by the court.
How Do Consent Orders Affect Parenting and Property Matters?
One of the main reasons people ask what are consent orders is because they want to know how these orders work with parenting and property. Parenting consent orders outline where the children live, how much time they spend with each parent, how decisions about education and health are made, and how communication is managed. These orders focus on the best interests of the children.
For property and financial matters, consent orders cover the division of assets, debts, savings, superannuation, and spousal maintenance. By including all these details, both parties have certainty about their financial future.
Importantly, once consent orders are approved, the matters they cover are settled, which reduces the chance of future disputes.
Are Consent Orders Legally Binding and Enforceable in Court?
Clients often ask whether consent orders are truly binding. The answer is yes. Once approved by the court, consent orders carry the same weight as any other court order made after a hearing. This means both parties are legally required to follow them.
If someone does not comply with consent orders, the other party can return to court to ask for enforcement. The court may order compliance or impose penalties.
Because of this, it is important to be sure that the terms of the agreement are fair, realistic, and clear. This helps avoid problems later and ensures that the consent orders serve their purpose.
Read also: Parenting Plan VS Consent Orders
How Can a Family Lawyer Help With Consent Orders Applications?
While it is possible to apply for consent orders without legal help, many people choose to work with a family lawyer. Lawyers can explain the law, draft the orders properly, and make sure nothing important is left out.
This is important because the court may refuse to approve orders if they are unfair, unclear, or not in the best interests of the children.
A family lawyer also ensures that the paperwork is filed correctly, reducing the risk of delays. They can also provide advice on whether the agreement is reasonable and if it protects your rights.
For couples dealing with complex assets or sensitive parenting issues, having professional support when applying for consent orders is often a wise decision.
Building Stronger Paths Forward
Understanding what are consent orders is about more than paperwork. It is about giving separated families certainty and stability.
These orders provide a structured way to manage property, parenting, and financial responsibilities after separation.
By choosing to formalise agreements through the court, families can move forward with confidence, knowing the arrangements are enforceable and designed to protect everyone involved.
Do You Need Support With Consent Orders Today?
Are you unsure about how to move forward with your consent orders application? At Collective Family Law Group, our experienced divorce lawyers can guide you through the process with care and professionalism.
Whether your concerns involve parenting, property division, or financial support, we will ensure your agreement is drafted clearly and submitted correctly to the court.
Having skilled support can reduce stress and give you peace of mind that your matter is handled properly. Contact us today to discuss your situation and learn how we can assist you.
