The Ultimate Guide to Filing Family Law Consent Orders in Australia: A Step-by-Step Process

Are you going through a separation or divorce and looking for a way to formalise your agreements without the stress and expense of going to court? Family law consent orders might be the solution you're looking for. 

In this comprehensive guide, we'll walk you through the entire process of filing consent orders in Australia, from understanding the advantages of signing consent orders to finalising your agreement with the court.

What Are Family Law Consent Orders?

Family law consent orders are legally binding agreements between separating couples that deal with various aspects of their separation, such as:

• > Property division
• > Spousal maintenance
• > Parenting arrangements for children

The key difference between consent orders and other types of agreements is that consent orders are approved by the court, giving them the same legal weight as a court order. This means they're enforceable by law, providing you with added security and peace of mind.

Why Choose Consent Orders?

You might be wondering, "Why should I bother with consent orders when I can just have an informal, verbal agreement with my ex-partner?" Here are a few compelling reasons:

• > Legal enforceability: consent orders are legally binding and enforceable by the court.

• > Clarity and certainty: They provide a clear, written record of your agreement, reducing the risk of future disputes.

• > Financial benefits: Consent orders can help you avoid stamp duty on matrimonial property transfers and provide access to certain Centrelink benefits.

• > Flexibility: You and your ex-partner can create an agreement that works for your unique situation.

• > Cost-effective: Consent orders are much more affordable compared to going to court.

How do I File Family Law Consent Orders?

Step 1: Reach an Agreement with Your Ex-Partner

The first and often most challenging step is reaching an agreement with your ex-partner on all the issues you want to include in your consent orders. This might involve:

• > Deciding how to divide your property and assets
• > Working out parenting arrangements for your children
• > Agreeing on any spousal maintenance payments

the key word is 'consent' – as both parties need to agree on all aspects of the orders. If you cannot reach an agreement, there are several options available to help you:

• > Negotiation: Where offers of settlement are exchanged between parties. This is best done with the assistance of a family lawyer.

• > Mediation: Where a neutral third party is appointed as a mediator to help facilitate discussions and guide you towards a mutually acceptable agreement.

• > Settlement Conference: Similar to a mediation, where both parties obtain the assistance of a family lawyer to collaboratively reach a mutually beneficial outcome. 

Take your time with this step – it's the foundation for your consent orders, so it's crucial to get it right.

Step 2: Gather All Necessary Information and Documents

Once you've reached an agreement, it's time to get organised. You'll need to gather all the relevant information and documents to support your application for consent orders. This typically includes:

• > Personal details of both parties and any children involved
• > Financial information, including income, expenses, assets, liabilities, and superannuation
• > Details of your agreed property settlement
• > Information about your parenting arrangements

Be thorough in this step – the more comprehensive your information, the smoother the process will be. It's a good idea to create a checklist to ensure you don't miss anything important.

Step 3: Draft Your Consent Orders

Now comes the part where you put your agreement into a legal format. You have two main options here:

• > DIY approach: You can draft the orders yourself using the court's do-it-yourself kit. This is available on the Federal Circuit and Family Court of Australia website.

• > Seek legal assistance: Given the complexity of family law and the importance of being precise with legal terminology, , many people choose to engage a family lawyer to draft their proposed consent orders.

If you're drafting the consent orders yourself, , make sure you use clear, specific language and cover all aspects of your agreement. It is advisable to avoid ambiguous terms that could lead to confusion or disputes. 

Remember, these orders will be legally binding, so it's crucial they accurately reflect your intentions and cover all necessary details.

Step 4: Complete the Application for Consent Orders Form

Along with your proposed orders, you'll need to complete an Application for Consent Orders form. This form (currently known as Form 11) can be found on the Federal Circuit and Family Court of Australia website.

The form asks for detailed information about both parties, including:

• > Personal details
• > Employment information
• > Details of your relationship and separation
• > Information about any children
• > A summary of your financial situation

Take your time with this form, and be as accurate and thorough as possible. Any inconsistencies or omissions could delay the processing of your application.

Step 5: Both Parties Sign the Documents

Once you've drafted your consent orders and completed the application form, both you and your ex-partner need to sign the documents. This step is crucial as it demonstrates to the court that you both agree to the terms outlined in the orders.

Each party should sign:

• > The proposed consent orders
• > The Application for Consent Orders form
• > A statement of truth for the application

It's important that you both understand what you're signing. If you haven't already, this might be a good time to seek independent legal advice to ensure you fully understand the implications of the orders.

Step 6: File Your Application with the Court

Once your documents are signed, you may file your application with the court. You can do this:

• > Online through the Commonwealth Courts Portal
• > By post to your nearest registry of the Federal Circuit and Family Court of Australia
• > In person at your nearest registry

Along with your application, you'll need to pay the filing fee. As of 2024, the fee is $200, but this is subject to  change, therefore  it's worth checking the court's website for the most up-to-date information. If you're experiencing financial hardship, you may be eligible for a fee exemption or reduction.

Step 7: Wait for the Court's Decision

Once  you've filed your application, a   Registrar must determine that the consent orders filed relating to a property settlement, are just inequitable. Or if parenting consent orders are filed, they are in the best interests of the child. This process typically takes about 4-6 weeks, but it can vary depending on the court's workload and the complexity of your case.

The Registrar has three options:

• > Approve your orders: If everything is in order and the Registrar is satisfied that the orders are just and equitable or in the best interests of the child, they'll approve your consent orders.

• > Request more information: If the Registrar needs clarification or additional details, they may requisition the orders and ask you to provide more information before making a decision.

• > Refuse the application: In some cases, the Registrar may refuse to make the orders. This could happen if they believe the orders are not just and equitable or not in the best interests of the child involved.

Step 8: Receive and Implement Your Orders

If your application is approved, the court will send you sealed copies of your consent orders. These are your official, legally binding documents.

Thereafter, it’s time to implement your orders. This might involve:

• > Transferring or selling property
• > Making a cash payment
• > Splitting superannuation
• > Transferring a vehicle
• > Dividing household furniture 
• > Setting up new parenting arrangements
• > Organising spousal maintenance payments

Make sure you understand your obligations under the orders and take the necessary steps to put them into action.

What If Circumstances Change?

Sometimes, your circumstances change in ways that make your original consent orders impractical or unfair. If this happens, you have options:

• > Agree to new arrangements: If both parties agree, you can apply for new consent orders that reflect your changed circumstances.

• > Apply to the court for a variation: If you can't agree on changes, you may need to apply to the court to vary the orders.

Remember, it's always best to try to reach an agreement before resorting to court action.

Are you looking for family lawyers near Neutral Bay, Randwick, or Rose Bay? Buckley Lawyers can help. We specialise in guiding our clients towards amicable agreements through mediation or consent orders.

Common Mistakes to Avoid

While consent orders can be a great solution for many separating couples, be aware of the following common mistakes: 

• > Being too vague: Ensure your orders are clear and specific to avoid future disagreements.

• > Superannuation: Superannuation is often one of the most significant  assets in a relationship – don't forget to include it in your property settlement.

•  > Tax implications: Some property transfers may have tax consequences, such as CGT. It is, therefore, worthwhile to get advice from an accountant or financial advisor.

• > Rushing the process: Take your time to ensure you're making an informed decision that you can live with long-term.

•  > Independent legal advice: It is advisable for each of you to get independent legal advice to ensure your interests are protected.

Looking for Family Lawyers in Sydney? Buckley Lawyers Can Help

Navigating the process of filing family law consent orders can seem challenging, but with the right information and support, it can be a straightforward and cost-effective way to formalise your separation agreements.

If you're considering filing consent orders and legal advice, don't hesitate to contact us. At Buckley Lawyers, we specialise in guiding clients through the consent order process with compassion and expertise.

We understand that separation and divorce can be emotionally challenging times, and we're here to make the legal process as smooth and as stress-free as possible. Whether you need help negotiating an agreement, drafting your consent orders, or simply want some advice on your options, we're here to help.

Don't let uncertainty or confusion hold you back from securing a fair and legally binding agreement. Contact us today for a confidential consultation.