Understanding Consent Orders in Family Law

A Consent Order in Family Law is a formal agreement between two parties within a domestic relationship. This agreement, covering aspects such as property settlements and parenting arrangements, is presented to the Federal Circuit and Family Court of Australia for formalisation without requiring the parties’ physical presence in Court.

The essential components of Consent Orders consist of two documents — the Application for Consent Orders Form and the Minute of Order. The Application for Consent Orders Form includes personal and financial details relevant to the proposed property settlement. At the same time, the “Minute of Order” outlines the specific terms of the agreement.

Upon approval by the Federal Circuit and Family Court of Australia, Consent Orders become legally binding. The Court applies the “just and equitable” principle to ensure fairness in property settlement cases. For Parenting Orders, the Court assesses whether the proposed parenting arrangement is in the “best interests of the children”.

Parties can initiate Consent Orders without an existing Court application. 

Processing Time for Consent Orders

The Consent Orders process involves two stages, each with varying timelines.

1. Drafting and Preparing:

• • We can assist you with the drafting and preparation of your Application for Consent Orders and Minute of Orders.
  • If your agreement includes a superannuation splitting order, you will require approval from the superannuation fund that they consent to the proposed order being made.  It can take up to 28 days for the superannuation fund to provide confirmation of their consent to the proposed order.

2. Approval by the Federal Circuit and Family Court of Australia:

• • The approval timeline depends on multiple factors, with no fixed rule.
  • Consent Orders are sent to the national centre and allocated to Registrars across Australia, with timeframes influenced by various factors such as school terms.
  • A filing fee is payable at the time your application is filed.  The filing fee is currently $195.00.

On average, since the amalgamation of the Federal Circuit Court of Australia and Family Court of Australia, the approval process takes approximately 3 to 4 weeks.