How to Apply for an Application for Consent Orders

Application for Consent Orders Kit:

You can download an Application for Consent Orders Kit from the Federal Circuit and Family Court of Australia webpage. The kit can be accessed here.

The forms that need to be completed include: 

• Application for Consent Orders Form. This form provides administrative details for each person, details of the children (for parenting matters) or assets and debts (for property matters), and brief details about the agreement reached.
• Terms of Settlement (or Minute of Orders). This document sets out all the details of your agreement. We recommend that a lawyer assist you in drafting it to ensure it is prepared correctly and includes all the required information.
• Notice of Risk (for Parenting Matters). This form is required for parenting matters and provides details about any family violence or behaviour of either parent.
• Affidavit of Procedural Fairness (for property matters). If your agreement includes a superannuation splitting payment, an Affidavit confirming that the Trustee of the relevant superannuation fund consents to the draft Terms of Settlement will need to be filed.

You can find more information about consent orders here. 

Will I need to go to Court to apply for Consent Orders?

Generally, no.

If no proceedings are before the Court and you file an Application for Consent Orders, neither person usually needs to attend Court. Once filed, your Application will be reviewed by a Registrar in chambers.

Suppose the Federal Circuit and Family Court have any questions about the terms of your agreement. In that case, the Court may write to you and the other person involved and ask you to reply in writing to their concerns.

Our legal team can provide detailed advice specific to your circumstances to ensure your Application for Consent Orders is adequately prepared.