Consent Orders

If you and your former partner are able to agree on issues such as arrangements for your children, or how you would like to end your financial relationship, you can apply to the Court to have your agreement formalised by the Court by way of consent orders.

When the Court makes consent orders, your agreement will become legally binding.

What are the benefits of consent orders?

Coming to an agreement with your former partner substantially reduces the financial costs associated with commencing legal proceedings. You and your former partner will also be in a better position to resolve any future issues that may arise and, if you have children, your continuing relationship as parents may be less strained.

What can be included in consent orders?

Consent orders can detail your and your former partner’s agreement on a range of child related or financial issues including

  • With which parent the children will live
  • How much time your children will spend with each parent
  • What school the children will go to
  • Child support
  • How to divide you and your former partner’s assets
  • Spousal maintenance
  • Adult child maintenance

This is not an exhaustive list.

Application for consent orders

To make an application for consent orders, you need to complete a Court form which provides the Court with:

  • Basic details about your children, such as their ages and any arrangements currently in place (where your agreement details with parenting issues); or
  • Details about any property you and your former partner own and how, if at all, you would like to divide that property (where your agreement is about financial issues).

The consent orders will need to be drafted and attached to the application for consent orders before it is filed at the Court.

How much does it cost?

The Family Court charges a filing fee of $145 for an application for consent orders.

If you need assistance with making an application for consent orders, please contact Carr & Co on 9322 8000 or via email at contactus@carrco.com.au.