If you have separated or divorced and have come to an agreement about the division of property or for the ongoing care and maintenance of minor children, then you can have these agreements formalised by the Family Courts in Australia.

Consent Orders are final and binding and once ordered by the Court, it is very difficult to vary or overturn the Orders. 

What Are Consent Orders?

Consent Orders are agreements made between separated or divorced couples that have been formalised by the Family or Federal Magistrates Court. These agreements may include arrangements about the following issues:

• property settlement

• children's issues

• spousal maintenance

When should Orders be sought?

Consent orders may be sought by separated or divorced couples who:

• have agreed on matters and want to formalise these agreements

• would like to avoid litigation in Court to determine these issues

• are in the middle of litigation in Court but have come to an agreement on matters and wish to avoid further litigation

• may have inadequate financial resources to pursue litigation in the Family or Federal Magistrates Court.

Why have Consent Orders?

Consent Orders are a good option because separated or divorced couples:

• may apply themselves without actually having to go to Court or see a Solicitor

• can be assured that the Consent Order is final and binding 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.

How do I apply?

To apply for Consent Orders,  a document must be prepared with the matters agreed upon. This document is then submitted to the Court, together with an Application for Consent Orders form.

For step-by-step instructions on how to apply for Consent Orders, please download the Consent Orders kit.

This article contains information of a general nature only and is not specific to your circumstances. This is not legal advice and should not be relied upon without independent legal or financial advice.