A consent order is a legally-binding order made by the court pursuant to the Family Law Act which is as binding as if a judge had made it at the end of the trial. The benefit to parties to a dispute if they are able to reach agreement (providing that agreement is within the reigns that the court would ordinarily make) they can file with the court an application for consent orders and minutes of consent and ask a registrar of the court to make that order. Neither party is required to attend at court and the documents are merely posted to the court for their consideration.
An application for consent orders provides the court with the information that it will need to assess the agreement reached between the parties and decide if the court is prepared to make it.
A consent order can resolve issues relating to both child custody and property settlement.
Whilst is recommended, both parties are not required to obtain independent legal advice prior to signing an application for consent orders. What this means is that if you and your former partner have reached agreement and Family Law Group Solicitors prepares those documents for you we can post them to your former spouse for them to sign. We would always recommend that they obtain independent legal advice however, if they read the agreement and are satisfied that it reflects the agreement reached between you both it is not mandatory that independent advice is sought.
Family Law Group Solicitors can assist you with formalising the agreement reached between you and your former spouse as a consent order. As part of our job we will prepare the application for consent orders and the orders which the court is being asked to be made. There are other documents and steps required to assist the court and we will also prepare and ensure that those steps are taken so that when the documents are sent to the court the information the court needs is available. There is a filing fee which is payable to the court when an application for consent orders is filed. Currently that fee is $165 (as of May 2019).
You can call us on our main line (07) 5499 2900 during our office hours of 9:00am to 5:00pm, Monday to Friday.
Or, you can send a confidential enquiry using the form below, and we’ll get back to you as soon as possible.