Consent Orders are agreements made between separated or divorced couples that have been formalised by the Family or Federal Magistrate's Court.

Such agreements can be used to come to arrangements about the care of children, for the division of property or for ongoing maintenance for husband or wife. These agreements 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' before applying for divorce and when seeking property settlement through the Courts.

The Family Courts can formalise arrangements between couples about parenting and children's issues, such as who the children are to live with or which parent will financially and emotionally support the child, called parenting orders or custody arrangements.

Financial orders, such as property settlement, including division or transfer of real estate, motor vehicles, superannuation or other items of value. Such an an agreement can also be made in relation to spousal maintenance, paid as a lump sum or as ongoing payments.

Consent Orders are a good option because couples can apply for the Consent Orders themselves without actually having to go to

Court or obtaining legal representation. Because the agreement is formalised by the Courts, you can be assured that the Consent Order is final and binding. This is because the circumstances in which either party may apply to set aside the Consent Order or change any provisions within the Consent Order are limited.

Consent Orders are sought when separated or divorced couples:

Have agreed on matters relating to matrimonial finances, parenting arrangements or spousal maintenance

• Want to avoid litigation or may not have the funds to pursue litigation in the Family Law Courts.

• Are in the midst of litigation and have reached an agreement on the matters in dispute.

Applications should be made within 12 months of divorce, or 2 years after the end of a de facto relationship. This period can be extended by consent of the parties.

Consent Orders and a Binding Financial Agreement (BFA) are different documents, though they may contain similar subject matter. Both contain agreements in relation to a former relationship about matters such as the division of property or ongoing care and maintenance of minor children. In some circumstances, both options may be available.

With a BFA, both you and your former or future partner must obtain indpendent legal advice. There is no similar requirement for Consent Orders for it to be legally binding.

Yes, you can include orders about spousal maintenance. A party to a marriage is liable to maintain the other party, to the extent that the first-mentioned party is reasonably able to do so, if, and only if, that other party is unable to support herself or himself adequately.