Consent Orders are agreements made between separated or divorced couples that have been formalised by the Family or Federal Magistrate's 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' before applying for divorce and when seeking Consent Orders through the Courts.

The Family Courts can formalise arrangements between couples about parenting and children's issues, such as who the child(ren) is to live with or which parent will financially/emotionally support the child.

Property settlement, including division or transfer of real estate, motor vehicles, superannuation or other items of value and spousal maintenance, such as an agreement can be made to pay a lump sum or ongoing payments to one spouse.

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 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 independent 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.

The Quick Laws 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. There is no specific 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 Consent Orders kit is not a substitute for and should not be relied upon as legal advice.