Will Consent Orders done myself be Binding?

 

Will Consent Orders done myself be binding without using a Lawyer? 

Do I have to use a Lawyer to do Consent Orders?

Consent Orders are enforceable Court Orders made by the Family Court, in the same terms as the agreement you and your former partner / other parent have reached and written out.

Consent Orders do have to be worded appropriately and in the Correct Court format.

If you and your former partner / other parent have reached agreement on what you want in Consent Orders, you are able to file an Application for Consent Orders in the Family Court yourselves.

You do not have to have a Lawyer file the Consent Orders with the Court for them to be binding and enforceable.

When doing an Application for Consent Orders, it is possible for:

• One party only to use a Lawyer to draft or complete the process on their behalf;
• Both parties to to use a Lawyer to draft or complete the process on their behalf; or
• Neither party use a Lawyer at all and both parties complete the entire process in whole or in part themselves.

There is a specific Application form which can be download from the Court website, which must be completed, but many people say the most difficult part of the process is to draft the wording of the actual Consent Orders which must be set out in a different document to the Application form itself.

Some People use a Lawyer simple to draft the Actual Consent Order document, but do the Application for Consent Orders themselves and file it in the Court themselves.

Consent Orders – More Information

We have a separate information sheet which outline and discusses each of the steps and procedure necessary to have the Family Court make Consent Orders.

 

There are many advantages to documenting your parenting or property settlement (or both) agreement in Consent Orders. Why doing so may be good for you is explained in our information sheet What are the Benefits of Consent Orders.

It will be important to whether the Court is likely to make the Consent Orders you have agreed upon with your partner. Read more in the information sheet Will the Court make the Consent Orders we agree on.

The basics you need to know about Consent Orders is outlined in the information sheet What are Consent Orders.

It is possible to save some legal costs and do all, or just part of the Consent Orders process, yourself without using a Lawyer. See our separate Fact sheet about people self representing to do their own Consent Orders and still have them be binding.

You can apply for Consent Orders about issues such as Parenting, Property Settlement and Spousal Maintenance, however there are some issues about which the Court will not make Consent Orders. For more, read the information sheet When can you use Consent Orders.

You should also understand the different options for documenting your property settlement agreement. We discuss this in our information sheet Do I use Consent Order or a BFA to document Property Settlement.

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