Family Law

Application and Minutes of Consent Orders

Separating parties looking to have their agreement regarding children and/or property issues formally recognised by the Family Law Courts can make an Application for Consent Orders.

You should only enter into Consent Orders freely.

Often during separation, one party will attempt to unduly influence the other. If you are not happy with the proposed settlement, do not sign it. Consent Orders deal with the transfer of the matrimonial (and other) property, splitting superannuation, transferring car registration, as well as more important factors such as parental responsibility, who the children are to live with, school holiday contact etc. Therefore, it is important to consult a lawyer to help guide you through the process and draft the necessary documentation for you.

The Application and/or Minutes are sent to the Court for the formal making of Orders in those terms. Until set aside by another Court Order, a Consent Order is just as enforceable in the same way as an adjudicated outcome by a Court. In other words, it still carries the same weight as if you have fought for that Order in court. The major advantage is the convenience of not having to personally attend court and the savings in legal fees.