Many families ask the question: what is a consent order? A consent order is a legal agreement that is approved by the Family Court. It makes decisions about parenting arrangements or the division of property official.
When parties agree on terms, they can put these agreements into a consent order so the court can recognise and enforce them.
Understanding what is a consent order helps people see how it can provide certainty and protection without needing a trial.
What Is a Consent Order and How Does It Work in Australia?
When asking what is a consent order, it helps to think of it as a written agreement approved by a judge. Consent orders can cover two main areas.
First, they can deal with parenting matters such as where children live, how much time they spend with each parent, and who makes important decisions.
Second, they can cover financial matters such as property settlement, dividing superannuation, or spousal maintenance.
Once both parties agree on the terms, the proposed orders are sent to the Family Court. A judge will then review them to make sure they are fair and in the best interests of any children.
If approved, the consent order becomes legally binding. This means both parties must follow it, and if one person does not, the other can ask the court to enforce it.
How Much Does It Cost to Apply for a Consent Order?
When people consider what is a consent order, cost is usually an important question. Applying for a consent order involves a filing fee that is paid to the court.
This fee is separate from any legal costs that may arise if you choose to have a lawyer draft or review your application.
Some people decide to prepare their own paperwork to reduce costs, while others choose to work with a family lawyer to ensure the application is clear and correct.
Legal costs can vary depending on how complex the issues are and how much work is required to prepare the documents. It is important to think about both the filing fee and any professional help you may need.
Read also: What to Consider Before Signing Consent Orders for Final Parenting Orders
What Is the Process for Getting a Consent Order Approved?
When learning what is a consent order, it is useful to understand the approval process. The first step is for both parties to agree on the terms of their parenting or financial arrangements.
This agreement is then written down in the form of proposed consent orders.
Next, the application and supporting documents are lodged with the Family Court. The court reviews the documents without requiring the parties to attend a hearing.
A judge or registrar checks that the orders are fair and practical. For parenting matters, the court will focus on the best interests of the children. For property matters, the court considers whether the outcome is just and equitable.
If the court is satisfied, the consent order is approved and made official. This process allows families to avoid a trial and still have a binding agreement.
What Legal Steps Are Involved in a Consent Order Application?
Understanding the legal steps is important when asking what is a consent order. The main steps include:
- Reaching an Agreement – Both parties must first agree on the terms of parenting or property settlement.
- Drafting the Orders – The agreement is put into a formal document that sets out the proposed consent orders.
- Completing the Application – A form is filled out and signed by both parties to confirm the agreement.
- Filing with the Court – The application and orders are lodged with the Family Court, along with the filing fee.
- Court Review – A judge or registrar reviews the paperwork to ensure the orders are fair and meet legal standards.
- Approval – If the court is satisfied, the consent orders are made official and become binding.
These steps may seem straightforward, but they can be detailed, especially when significant assets or complex parenting arrangements are involved.
Why Should You Seek Legal Advice Before Applying for a Consent Order?
When exploring what is a consent order, it is also wise to think about legal advice. Consent orders are binding and can have long-term effects on finances, property, and parenting arrangements. Once approved, they are not easily changed.
A family lawyer can explain how the proposed orders may affect you and whether they are practical and fair. Legal advice can help you avoid mistakes that might cause problems later.
While it is possible to prepare and file consent orders without a lawyer, seeking professional help often provides peace of mind. It ensures the agreement is clear, enforceable, and aligned with the law.
Building Clarity and Security Through Consent Orders
Asking what is a consent order is often the first step for families who want clarity after separation. Consent orders can provide certainty, reduce conflict, and protect the interests of children and property.
They are a way for both parties to agree on important matters without a lengthy trial. While the process may seem simple, each case is different, and the impact of the agreement can last for years.
Could a Consent Order Be the Right Choice for You?
Are you unsure whether a consent order is the right path for your situation? The team at Collective Family Law Group can provide clear guidance tailored to your needs.
Our lawyers focus on helping families achieve fair and workable outcomes. With offices across Queensland, we are ready to assist you with parenting or property consent orders.
Contact us today to arrange a confidential consultation and learn how we can support you with practical solutions that protect your future.
