Family law parenting and property matters seem to revolve around this strange concept called ‘Consent Orders’. So what are they? Why are they so important? Do YOU need them?

What are they?

Consent Orders can be broken down into two parts; you need consent and orders. The Court must give its consent, or permission, to the arrangement reached between two parties. By giving permission, the Court ensure parties will do the things they say they will. Orders are effectively the things that are ordered by the Court. By giving orders, the Court confirms that these things must be done.

In a family law matter, an agreement is reached detailing how the property pool will be split or how the children will be looked after and then written up in the form of Orders. Although your lawyer may call this consent orders, it’s just the agreement put into a written form in a formal document. This document is sent to the Court, with an application asking that the Court consent to the orders. Once the Court consents to the Orders or seals the Orders, they become legally binding on both parties.

Why are they so important?

It may be a popular notion to think that if you have reached an agreement with your former partner, then that’s it. Unfortunately, it’s possible for your former partner to go back on their agreement. Such an agreement does not have the weight and the finality of a legally binding Court Order.

If you pursue Consent Orders (i.e. come to an agreement with your former partner, send them to the Court, and receive the sealed Consent Orders back), both parties are bound by the Court. This is because the Court has ordered the agreement. By consenting to the Orders, the Court gives a legal weight to the agreement that binds both parties. If a party backs out of the Consent Orders, then you can go the Court and make the other party follow through with what they agreed to.

Do YOU need them?

Consent orders are extremely important for finalising your economic and parental rights and responsibilities because they are binding. The positives of Consent Orders include:

• Consent Orders are legally binding
• The Courts will only provide their consent to an agreement that is fair
• The process of getting Consent Orders requires full disclosure from both parties which means neither party is disadvantaged by not knowing the full picture
• The Courts will only provide their consent to an agreement that puts the interests of the child first
• Court Orders provide tax exemptions – if you are transferring property a Court Order may exempt you from paying that tax
• The Consent Orders are what you agreed to – legally binding Court Orders at the end of the may not be what you want

In short – Consent Orders, Consent Orders, Consent Orders. If you have a family law matter – they should be your first point of call.

To find out more about family law parenting matters, Consent Orders and applying for Consent Orders in the Family or Federal Circuit Court of Australia, please click on the link below or call us on 9688 6023.

This article is provided to the reader for general information. It is not legal advice. This article was written by Andrea Spencer & Emily Graham and edited by James Frank. 

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