What's happening?
Consent orders are orders made by the Federal Circuit and Family Court of Australia that reflect an agreement already reached between separated parties, whether about property, parenting, or both. Once approved, they have the same legal effect as orders made after a court hearing.
Consent orders can offer more certainty than an informal agreement, since they are enforceable through the court if one party doesn't comply.
What could it mean for me?
- Consent orders are generally more difficult to change than informal agreements
- The court needs to be satisfied that proposed orders are appropriate before approving them
- For parenting matters, orders are considered against the best interests of the children
- Preparing orders correctly can help avoid delays or requests for further information from the court
What are my options?
- Formalise an agreement you've already reached through consent orders
- Negotiate outstanding terms before finalising documents
- Seek advice on how proposed orders may be viewed by the court
What happens next?
- Confirm the terms agreed between you and the other party
- Prepare the application and proposed orders
- Lodge the documents with the court
- The court reviews and, if satisfied, approves the orders
How can MGE Lawyers help?
We prepare consent orders that accurately reflect what you and the other party have agreed, aiming to reduce the risk of the court raising queries or requesting changes.
Where terms are still being finalised, we can assist with the negotiation before documents are drafted.