Consent Orders - 5 things you need to know
Consent Orders - 5 things you need to know
In Australia, a consent order is essentially a way for parties to make an agreement which is then approved by a court.
Consent orders can ensure finality and are a good option to consider for any married or de facto couple going through a relationship breakdown.
Here are five things to know about consent agreements.
1.Parties negotiate the agreement
Consent orders are generally drafted according to negotiations which have been made between the parties and sometimes their lawyers. This enables the parties to come to an agreement which reflects their wishes and allows them to maintain some control over the outcome.
2.They are enforceable
Consent orders are enforceable and have the same legal force as court orders (since they are sealed by the court). They can only be set aside on appeal or by a court in certain property disputes, such as where there was a miscarriage of justice.
If the orders are breached by one party the other party can apply to a court to enforce the terms of the order.
They provide parties with certainty, as the ways to change the terms of the agreement or to set it aside are limited. It ensures parties' rights and can minimise further disagreements.
3.They can be applied for without going to court
Consent orders can be applied for easily without the need to go to court.
There is an Application for Consent Orders kit which can be used to ask the court to make a consent order according to the agreement you have reached. The form is filled out and filed with the family law registry closest to you, either via post or in person.
The consent order must be signed, dated and witnessed. If the order is approved by court, a court seal will be placed on the documents and you will receive a copy for your own records.
4.They can cover a range of family law matters
Consent orders are the only way parties can negotiate an agreement covering parenting arrangements for children and property and financial issues, including spousal maintenance, within the one document.
They can't, however, deal with child support.
In certain circumstances de facto relationships are not eligible to apply to the Family Court or Federal Magistrates Court for the resolution of property and spousal maintenance. If you are considering a consent order and have been in a de facto relationship you should obtain legal advice.
5.They can be quick and reduce legal costs
Consent orders can often be made quickly, generally dependent upon how quickly an agreement can be reached. Reaching an agreement should not, however, be rushed.
Depending upon the stage in the legal process when the consent order is finalised, consent orders can be a cheaper way of coming to an agreement. They avoid the hassle and expenses of having to go to court to resolve the dispute. There is, however, a fee to file the consent order kit.
You should seek independent legal advice from an Australian legal practitioner before signing any consent order. A lawyer can also help to properly draft the consent order and suggest the terms of the agreement, ensuring they are equitable. Seeking legal advice can also help to prevent any future disputes, such as one party claiming they did not understand the order or that they were forced into it.
By Lauren Nolan
Lauren Nolan is an Australian law student interested in increasing public access to important legal information.
"This article is general information only and is not legal advice. Consult an Australian legal practitioner to obtain legal advice for your unique situation."
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