Consent Orders Online Application
Consent Orders are agreements made between separated or divorced couples that have been formalised by the Family or Federal Magistrate's Court.
The Court encourages families to reach an agreement about issues relating to property and minor children after a family breakdown. The Court asks separated couples to read the brochure 'Marriage, Separation and Divorce.'
If you want your agreement to become an order of the Court, you can apply for Consent Orders to be made without having to actually go to Court. Consent Orders have the same legal effect as an order made after a Court hearing. Consent Orders are final and once made, it's very difficult to overturn or vary the orders.
The Consent Orders Online Application form prepares all the documents and forms that you need to apply for Consent Orders, including the completed application form and Minutes of Consent Orders. Don't try drafting this important document yourself, without the help of our useful tools and resources. Many couples believe they can simply complete the Consent Orders application form, however, there is an extra document required that sets out your agreement in the necessary legal terminology.
Once you have completed the form and have received your documents, it will then be necessary for you to:
- Sign the papers
- Submit the papers to the Court
- Pay the Court filing fee (the fee is $160 as at 1 July 2016).
When to use the Consent Orders Online Application
You can use the Consent Orders Online Application to obtain an order when you have reached agreement about:
- Your property (the Court must consider that the agreement is 'just and equitable'); and
- Spousal maintenance for a husband or wife.
You cannot use the Consent Orders Online Application to make orders about children's issues or to split superannuation.
If you are divorced, then you must apply for Consent Orders within 1 year of your divorce becoming final. If you are in a de facto relationship, then special requirements apply.
When to seek formal legal advice
The Consent Orders Online Application is designed for straight-forward situations, where separated or divorced couples want to transfer or sell their matrimonial home and make other financial agreements between them legally binding. The Consent Orders Online Application should not be used when:
- You are unable to reach an agreement with your ex about child arrangements, maintenance and/or property;
- It has been more than 12 months since your divorce became final;
- You are a de facto couple and there are no children of the relationship (and you do not meet other requirements);
- You are seeking one of the following:
- financial support (maintenance) as a party to a de facto relationship;
- a prenuptial agreement or other type of binding financial agreement;
- parenting orders, child support or a child support departure order; or
- a superannuation transfer or splitting order.
The Consent Orders Online Application is not a substitute for and should not be used as legal advice.