What is a consent order in family law?

Divorce and Separation, consent orders concept

Consent Orders are orders that are made by the Court. In the context of family law, consent orders can be made by the Family Court or the Federal Circuit Court.

When can I apply for Consent Orders?

Most inquiries that Gillard Family Lawyers field in relation to consent orders involve parties that have reached an out of court settlement and want to have the settlement documented. The settlement reached may involve property, parenting or both.

How do I apply for Consent Orders?

To document the settlement, you can forward an Application for Consent Orders to the Court. If the orders for your property settlement are ‘just and equitable’ and or for parenting the orders are ‘in the best interest of the children’, then it is likely the court will make the orders.

The orders are forwarded to the court by your lawyer and there is no need for you to personally attend court. You may also choose to complete and file Consent Orders without having legal representation. The cost of the application for Consent order is currently $160.

Is there a time limit to apply for Consent Orders?

To apply for property consent orders there are limitation periods that apply for both de facto couples and married couples that are divorced. For de facto couples you need to make an application within 24 months of separation and if you are divorced you need to apply within 12 months of the date of your divorce. You may still be able to file Consent Orders with the courts permission. You can contact our office to discuss your options.

What are the Legal Cost of drafting consent orders?

At Gillard Family Lawyers we provide clear estimates to you of the legal costs involved in documenting your settlement in consent orders. The cost involved will vary depending on if you have already reached a settlement or if the settlement must still be negotiated.

To find out more about the forms and the documents to be filed for Consent Orders, visit the family court website.

What are interim Consent Orders?

Other forms of consent orders are interim consent orders made by the court. For interim consent orders to be applicable you would currently have parenting and or property proceedings before the court.

Your interim orders may require you to comply with certain directions, such as filing documents; obtaining property valuations; undergoing drug testing; or spending time arrangements for children.

It is important that you comply with interim orders. It may be necessary for you to ask the court to amend the interim orders if they are no longer suitable. You can contact one of our experienced family law solicitors to discuss your matter. We offer a fix fee initial consultation. We also have solicitors that are on the NSW Legal Aid panel.