How an Application for Consent Orders Protects Your Rights and Future

The Role of Consent Orders in Separation 

Application for consent orders provide the legal security you need when you’re going through a separation. There’s a lot to think about at this stage: your property, your finances, your children, and your future. 

Reaching an agreement with your former partner is often the best way forward, but what happens once you’ve agreed on your terms for separation? How do you make sure both of you stick to the agreement? That’s where an application for consent orders comes in. 

Consent orders turn those informal arrangements into legally binding contracts. Once approved by the court, they carry the same weight as any other court order. This means that if either party doesn’t comply, legal steps are taken to enforce them. 

Imagine you’ve agreed on how to split your property and co-parenting schedule, but later, one of you changes your mind or interprets the agreement differently. With consent orders in place, there’s no ambiguity, so it helps prevent future disputes. 

What You Need to Know about Application for Consent Orders 

An application for consent orders covers various aspects of your separation, including: 

• property settlements 
• parenting arrangements, 
• debt allocation, and 
• spousal maintenance.  

Whether you’re dividing assets or agreeing on a co-parenting plan, consent orders provide legal certainty and protection. 

It’s important to understand the difference between consent orders and other types of court orders. Consent orders are made when both parties agree on the terms and apply jointly to the court. Other court orders, like parenting orders made after a contested hearing, often involve a judge deciding the outcome when parties disagree. 

Consent orders provide clarity about financial obligations and responsibilities for the stability for your child. They are also enforceable, so if your former partner doesn’t comply, take legal action. 

How to Apply for Consent Orders 

The process of applying for consent orders starts with preparing your agreement and the necessary documents. You have a limited time to apply once your divorce is finalised: 12 months if you were married, or 24 months if you were in a de facto relationship. 

Reach a clear and documented agreement with your ex-partner. For financial settlements, this means listing assets, debts, and financial resources. For parenting arrangements, the agreement should outline custody, living arrangements, and visitation schedules. 

Once your agreement is ready, complete the Application for Consent Orders form available from the Court Portal. This application provides the court with information about your relationship, the terms of your agreement, and why you believe the orders are just and equitable (for property) or in the best interests of the children (for parenting orders). 

After submitting your application to the court and paying the fee (electronic payment also available) the approval process takes around 6-8 weeks, depending on the court’s workload. If everything is in order and the court believes the agreement is fair and reasonable, they will issue the consent orders without requiring you to attend a hearing. 

Costs and Legal Support 

Expect to pay a standard court filing fee when lodging a consent order application. If you consult a lawyer, additional costs will apply, particularly if your agreement involves complex financial or parenting arrangements. 

Court fees are published on the family court website. Consent order fees are currently set at $200. However, legal fees vary depending on the complexity of your agreement and the lawyer’s rates. 

You don’t necessarily need a lawyer to apply for consent orders. You are allowed to complete and submit the application yourself. The do-it-yourself application kit with detailed instructions are available on the Family Court website. 

However, seeking legal advice is invaluable, especially if your situation involves complex financial arrangements or parenting issues. A lawyer sees to it that your agreement is fair, legally sound, and unlikely to be rejected by the court, and helps you understand your rights and obligations and draft the documents correctly. 

Compliance and Changing Consent Orders 

A consent order is legally binding, so both parties must follow its terms. If one party fails to comply, legal remedies are available, including court enforcement and potential penalties. 

If your former partner breaches a consent order, apply to the court to enforce it. The court may issue a further order to clarify or modify the original consent order, impose penalties or fines, or find your ex-spouse in contempt of court (which also lead to fines or even imprisonment). 

While consent orders are meant to be final, modifications may be possible if a substantial change in circumstances occurs, such as an unexpected financial crisis or changes in a child’s welfare needs. For example, the court may consider a modification if there’s been a substantial change in your financial situation or if the current parenting arrangements are no longer in the best interests of the children. 

Present the court with proof that indicates major life changes like financial hardship, job relocation, or parenting needs. Supporting documents like financial statements, termination letters, and medical reports may be necessary. 

Myths and Misconceptions About Consent Orders 

It’s a common misconception that you don’t need consent orders if you’ve reached an informal agreement. While it might seem easier to keep things casual, informal agreements aren’t legally enforceable. Without formal orders, you have limited recourse if one party does not follow through. 

Here are some myths and misconception about consent orders: 

Myth #1: Consent orders only apply to property settlements.  

This is false. Consent orders cover parenting arrangements and spousal maintenance to provide you with legal protection. 

Myth #2: The process takes too long. 

This is not always true. The approval process takes time if there are any issues within the agreement that needs to be addressed. While it takes 6-8 weeks to get an approval, this timeframe is often quicker and far less stressful than dealing with disputes later.  

Myth #3: You need a lawyer to apply for consent orders. 

No, you don’t need a lawyer to apply for consent orders. You are allowed to manage the process independently if your agreement is straightforward. However, engaging a lawyer is highly recommended to avoid problems like unclear terms or ambiguous consequences later.  

Myth #4: Consent orders can’t be changed.  

While they’re designed to provide finality, the court allows modifications if there’s a significant change in circumstances. The court usually only agrees to this if a material change in circumstances has occurred, and the court believes that the modification is the best interests of the parties or the child’s well-being. 

How Consent Orders Impact Future Legal Matters 

You assume that because you’ve divided everything fairly and moved on, you’re safe from future legal claims. Years later, your financial situation improves, you buy a new property, receive an inheritance, or grow your business. Then, you receive an unexpected claim from your former partner asking for more spousal support because of your new financial position. Without a consent order, this can become a real risk. 

A consent order simplifies future legal processes. If issues arise later, clear, enforceable orders are easier to resolve without lengthy disputes. The consent orders provide a solid reference point for you to adhere to. 

In financial matters, consent orders safeguard your agreements and prevent later disputes by clearly defining the division of assets and any ongoing financial obligations from property distribution, debt management, or spousal maintenance. 

For co-parenting, consent orders establish a clear framework so both parties understand their responsibilities. This is important when it comes to decisions about your children’s education, healthcare, and day-to-day care. Consent orders make it less likely to encounter misunderstandings or disputes over these terms, so co-parenting is easier. 

Finding Legal Support 

Making legally sound decisions during separation protects your future. It is possible to file the consent order application yourself, but professional legal support provides the assurance of fair, legally enforceable agreements suited to your specific situation. 

If you’re considering applying for consent orders, getting the right legal advice will save you time, money, and stress. Contact a family lawyer to help you start your application for consent orders now.