What are Consent Orders?
Consent Orders are agreements made between separated or divorced couples that have been formalised by the Family Court. Consent orders can be used to make agreements about the care of children, for the division of property or for ongoing maintenance for a husband or wife.
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 Court encourages families to reach an agreement about issues relating to property and minor children after a family breakdown. The Court recommends that separated or divorced couples read the brochure 'Marriage, Separation and Divorce' when seeking Consent Orders through the Courts.
When to use the Online Consent Orders form
The Online Consent Orders form prepares the Proposed Orders (the signed agreement which you wish to have made into formal Court orders) that you must lodge with an Application for Consent Orders.
You can use the Online Consent Orders form to obtain an order when you have reached agreement about:
Your property (the Court must consider that the agreement is 'just and equitable');
Spousal maintenance for a husband or wife; and/or
You cannot use the Online Consent Orders form to make orders about children's issues or to transfer superannuation.
The Online Consent Orders form 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.
When to seek formal legal advice
The Online Consent Orders form should not be used when:
You are unable to reach an agreement with your ex about child arrangements, maintenance and/or property;
Your divorce was made final more than 1 year ago (you should file an Application in a Case seeking the Court’s permission to bring an application for property settlement/maintenance);
You are a de facto couple and there are no children of the relationship (or you do not meet other requirements);
You are seeking one of the following:
1. Financial support (maintenance) as a party to a de facto relationship;
2. A prenuptial agreement or other type of binding financial agreement;
3. Parenting orders, child support or a child support departure order;
4. A superannuation transfer order;
5. Child maintenance for children under 18 who were born after 1 October 1989 or whose parents separated after that date.
6. Declarations about the existence of a de facto relationship;
7. Medical procedures;
8. Orders under cross vesting laws;
9. A parenting order in favour of a person who is not a parent, grandparent or other relative.
This does not necessarily mean that you cannot apply for Consent Orders. If any of the above circumstances apply to your situation, then it's recommended that you seek formal legal advice. The Online Consent Orders form is not a substitute for and should not be used as legal advice.
Do I need to see a Lawyer?
Our Consent Orders kits are 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, without incurring the significant costs of obtaining formal legal representation. Please see above 'When to seek legal advice' for the specific circumstances where the Online Consent Orders form is not appropriate.
There is no specific legal requirement to seek formal legal advice, however, it is important that you understand the terms of the orders you are seeking. If you do not understand the terms then it's recommended that you seek formal legal advice. The Online Consent Orders kit is not a substitute for and should not be relied upon as legal advice.
How do I save my answers in the Online form?
As you complete the Online form, your answers are automatically saved to your browser. Please do not refresh your browser before you have saved the form. You can save your answers in the form at any time by pressing the 'Save and resume' button (to the left of the 'Next' button).
You will be prompted to enter a password. Please choose a password that is easy to remember as this password cannot be recovered. You can then choose to have the link to your saved form emailed to you. Your personal form with your saved answers is then emailed to the email address provided. You can return to your saved form for up to 28 days.
What happens once the Online Consent Orders form has been submitted?
Once you submit the Online Consent Orders form, you will receive your documents by instant download. It will then be necessary for you to:
Check and sign the papers
Complete the Consent Orders Application Form
Submit the papers to the Court and pay the fee.
Your kit comes with an information guide written in plain language, required forms, step-by-instructions and a checklist.