When can you use Consent Orders

What can you make Consent Orders about 

You might have been able to reach agreement directly by talking with your partner, or after you have attended Mediation or a Family Dispute Resolution Conference about issues such as parenting arrangments, how your property will be divided since your relationship has broken down, or about the payment of spousal maintenance.  

You can make an Application for Consent Orders if you have both reached agreement about (any or all of):

• Parenting issues.

• Property Settlement.

• Spousal Maintenance.

What can’t you make Consent Orders about 

You cannot apply for Consent Orders about:

 

 

• Child Support and Maintenance.

• Whether or not a De Facto relationship exists.

• Medical procedures.

• A parenting order in favour of a person who is not a parent, grandparent or other relative under Section 65G of the Family Law Act;

• Orders under cross vesting laws.

Consent Orders – More Information

There are a lot of benefits to documenting your property settlement or parenting (or both) agreement in Consent Orders. Why doing so might be good for your own situation is explained in the information sheet What are the Advantages of Consent Orders.

We have prepared an easy to follow list of the steps involved in get the Court to make the Consent Orders you are seeking. Read our information sheet What is the procedure to get Court issued Consent Orders.

You need to know whether the Court is likely to make the Consent Orders you have agreed on with your former spouse. See our the information sheet Will the Court make the Consent Orders we agree on.

You can make an application for Consent Orders about issues including Parenting, Property Settlement and Spousal Maintenance, however there are some issues about which the Court will not be prepared to make Consent Orders. Find out more in our information sheet When can you use Consent Orders.

People often want to do all or part of the Consent Orders process themselves without using a Lawyer so they can save some legal costs. Read more in our separate Fact sheet about self representing to do your own Consent Orders and still have them be binding.

It would be nice to be able to rely on your former spouse’s word, but you are no longer together and the only thing you can have complete trust in, in relation to something as serious as your children or property, is a Court Order.

 

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