Consent Orders

To formalise parenting or financial arrangements parties will usually enter into a consent order.

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Guiding you through the consent order process

Consent orders are legally enforceable agreements produced by a judge or approved by the court. We have helped countless Australians understand how consent orders are processed, from the initial negotiation to drafting and filing the order.

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Helping you understand what your legal rights and responsibilities are

Your legal rights and responsibilities will vary depending on the circumstances of your case. It is important to understand how this affects your situation up front. A family lawyer can explain this to you and help clarify your rights and responsibilities as you progress through the consent order process.

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Understanding how the law will apply to your individual case

The law can apply differently to each case, depending on whether you choose to obtain a consent order for parenting or property. We have experience in how the law will apply to a variety of cases and circumstances, so we can help you understand what to expect before applying for a consent order. We will strive to get you the fastest outcome possible.

Frequently asked questions

Consent orders are legally binding orders that can relate to parenting or property settlements. Parenting orders are a set of orders from the court detailing the parenting arrangements of a child. Property orders are a set of orders from the court detailing the split of property. A court can make these orders after a trial based on the agreement between two parties or after a court hearing.
Once an agreement is reached between parties regarding parenting, property and finances, it must be formalised in the form of a legally binding agreement, called a consent order. When agreements are reached between parties regarding these aspects of separation, parties can apply to the Family Court for a consent order by filing a ‘minute of consent order’, which is a document requiring a particular format that lists the details of the consent order.
The current fee to file for a consent order with the court is $165. However, you may be eligible for an exemption from this fee on the basis of financial hardship, or if you are the primary cardholder of a Health Care Card, Health Benefit Card, Pensioner Concession Card, Commonwealth Seniors Health Care or any other card issued by Centrelink or the Department of Veterans’ Affairs that entitles you to Commonwealth health concessions.
If you have submitted all of your documents correctly and the court is satisfied, you will generally receive the sealed orders within four to six weeks from the filing date.
Yes, consent orders are legally binding. There are only limited circumstances where a consent order relating to parenting, property or finances could be overturned. These include the involvement of fraud, duress, suppression of evidence, failure to give evidence or other exceptional circumstances such as a drastic change in the child’s welfare.
A parenting plan is a written agreement signed by both parents that details the parenting arrangements for a child or children. Unlike consent orders, parenting plans are not submitted to the court, so parenting plans are not legally enforceable and if breached will not attract legal consequences that would apply to a breach of a consent order.
If one party does not comply with a consent order, the court has the power to enforce a range of consequences. The court can change the consent order, impose compensation for lost time with children, require a bond be entered in to, order a fine to be paid, order a prison sentence, adjourn the case, order community service or order legal costs to be paid.

Why choose us

We will tell you the truth at all times

We will be honest with you about your prospects of success, issues that arise or the commercial viability of your matter. The first time you come to see us, we will tell you whether you even need a lawyer.

We will respect you and your situation

Our job is not to judge anything you may have done. Our job is to guide your matter and actions moving forward to give you the best possible outcome for you, both legally and personally.

We will listen and understand your needs

We will hear not just what you want to achieve, but why you want to achieve it. We will tell you what you need to do to achieve the outcome you are after, legally, practically and emotionally.

We will stand by you all the way

Your matter doesn’t finish once a court order has been made. We will stay on your matter right up until all of the outstanding issues have been dealt with and the court orders are complied with.

We can help you through your divorce.

Forge Legal’s divorce lawyers are specialists in all areas of family law and can assist you with all legal matters in your divorce/separation.

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