A Consent Order is a formal document made by a court in relation to divorce, property, children and spousal maintenance. They are not legally binding unless agreed to by both parties, with either party able to make an application to have elements changed or removed.
Consent orders must also be filed with the Family Court and Federal Circuit Court of Australia before they become effective, or there is no legal recognition of any agreement between two parties and therefore no power for either to enforce the terms should a dispute arise in the future.
When Would I Need a Consent Order?
The need for a consent order will depend on your individual circumstances and what it is that you want to resolve through this process. The simplest form of consent order would be where both parties are seeking spousal maintenance (i.e., financial support) from one another after their marriage has ended, or if they are seeking to end the spousal relationship but financial disputes still need to be resolved between them. They are also common in matters regarding children, such as:
- Deciding where children will live after separation
- Defining the amount of time that child spends with each parent
- Determining who will parent children through holidays and other special occasions, like birthdays
- Establishing a formal process to be followed when/if future disputes arise
How Do I Apply for a Consent Order
Should you and the other party be able to agree on specified terms, the process can prove straightforward without either having to visit the courts, as you can make a simple online application.
If not, and the relationship is particularly fractious, it might be prudent to enlist the services of legal representation to ensure your best interests are being worked towards, especially if an appearance before a court is necessary.
Learn More on Consent Orders from Terry Johnson Legal
If you would like to learn more about consent orders, where they are most helpful, and how you can see an equitable result from the process, please do not hesitate to contact us at Terry Johnson Legal, and one of our family law specialists will be happy to assist. Call (02) 6262 9376, send an email with your information to terry@tjlegal.com.au, or leave your details on our online enquiry form, and we will be in touch as soon as possible.
