If you and your former partner have reached an agreement about parenting arrangements or property settlement after separation, an Application for Consent Orders is a simple and cost-effective way to make your agreement legally binding.
Consent Orders are orders made by the Federal Circuit and Family Court of Australia (FCFCOA) when both parties agree to the terms. Unlike going to court for a dispute, Consent Orders are made “on the papers,” meaning a Registrar reviews your application without either party needing to appear in court.
Consent Orders can deal with:
- Property division – such as the sale or transfer of real estate, superannuation splitting or who keeps certain assets or debts
- • Parenting arrangements – including where children live, how much time they spend with each parent and communication with each parent
The court must be satisfied that the agreement is just and equitable for property matters, or in the best interests of the child for parenting matters.
An Application for Consent Orders involves:
- A formal application form (Form 11)
- A Minute of Consent Orders, which sets out the agreed terms in legal language
Once approved by the court, Consent Orders have the same legal effect as if a judge made them after a hearing. This gives you certainty and enforceability and often provides a clean break.
At Make Peace Family Law, we help draft Consent Orders that reflect your agreement clearly and meet the court’s requirements, so your future is protected with peace of mind.
