Once you have reached agreement either by negotiation or by mediating your dispute, parties often seek to formalise their agreement through consent orders.
Reaching agreement by consent provides certainty and allows the parties to have control over the outcome, avoid lengthy, costly and emotionally draining court battles, and allow the parties to move on with their life and heal.
What are consent orders?
Consent orders differ from informal agreements as consent orders are legally binding and enforceable, both parties must comply with their terms.
Informal agreement, whilst they provide evidence of the party’s intention at the time of the agreement, are not binding on the parties or the Court and cannot be enforced.
The Federal Circuit and Family Court of Australia can make a range of Orders by consent once parties reach agreement. These include:-
- Property settlements to formalise the division of assets and liabilities between separated couples. Prior to entering into consent Orders it is important to be satisfied there has been full and frank disclosure of all of the assets and liabilities. The Court must also be satisfied that the proposed Orders are ‘just and equitable’ in the circumstances before approving the Orders. The justice and equity requirement is not necessary in binding financial arrangements.
- Parenting arrangements detail the living arrangements and parental responsibility for children of a relationship. The Court must be satisfied that the proposed Orders are the best interests of the children before approving them.
- Spousal maintenance -provide for the financial support by one partner to another after separation which may be short term or long term.
- Orders to vary or discharge existing court orders – where the existing Orders are no longer appropriate then an Application can be made by consent requesting that the Court to set aside or vary the existing Orders.
Applying for consent orders
Consent orders may provide for interim arrangements or finalise the dispute, where the parties are already involved in court proceedings.
Parties should always seek independent legal advice before signing proposed consent orders to ensure their respective rights are protected and that they understand their legal position. Drafting Orders requires careful consideration should be clear, precise, and legally sound and reflect the agreement reached by the parties as it can be a costly exercise to have to apply to the court to fix any errors or omissions.
An Application for Consent Orders will need to be filed with the proposed orders attached. The relevant forms are available on the Court’s website. Completed forms can be filed online and payment made for the applicable filing fees.
In most cases, you will not be required to attend court to have consent orders approved however, the court may ask for further information or clarification before approving the orders.
If you need assistance, email [email protected] or call 0421 828036.