Guide on how to complete Consent Orders
Step 1: Understand what Consent Orders are.
Consent Orders are a legally binding agreement between parties involved in a dispute or family law matter in Australia. These orders outline the agreed-upon arrangements and decisions regarding property settlement, parenting matters, or financial support. Before proceeding, its important you understand the purpose and implications of Consent Orders.
Step 2: Application for Consent Orders Form
You will need to have the Application for Consent Orders form which can be obtained from the AFLAS free resources page or by visiting the official website of the Federal Circuit and Family Court of Australia and downloading the Application for Consent Orders Form. This form is available in Word and PDF format and is used to apply for Consent Orders.
Step 3: Complete the Application Form
Fill out the Application for Consent Orders Form accurately and comprehensively. The form consists of several sections:
- Section A Parties Involved: Provide the full names, addresses, and contact details of all parties involved, including yourself and the other party.
- Section B Details of proposed orders: Clearly specify the proposed orders and arrangements you and the other party have agreed upon. Include details on property settlement, parenting matters, or financial support, depending on the nature of your case.
- Section C Additional orders sought (if applicable): If there are any additional orders you are seeking, provide the necessary details in this section.
- Section D Legal representation (if applicable): If you or the other party have legal representation, provide the relevant details.
- Section E Child support (if applicable): If child support arrangements are part of the Consent Orders, provide the necessary information in this section.
- Section F Parenting orders (if applicable): If parenting arrangements are part of the Consent Orders, provide the relevant details in this section.
- Section G Property orders (if applicable): If property settlement arrangements are part of the Consent Orders, provide the necessary information in this section.
- Section H Financial orders (if applicable): If financial arrangements are part of the Consent Orders, provide the relevant details in this section.
- Section I Child maintenance (if applicable): If child maintenance arrangements are part of the Consent Orders, provide the necessary information in this section.
Step 4: Attach Supporting Documents
If there are any supporting documents that support your proposed Consent Orders, such as financial statements, parenting plans, or other relevant evidence that the Application prompts you to attach, attach them to your application. Ensure that each document is labelled clearly and refer to them in the form where necessary.
Step 5: Consent to Orders
Both parties must sign and date what are known as “Consent Orders”. AFLAS provides Property Settlement and Parenting Consent Orders to make this easy for you. Refer to the AFLAS website to find out how to download these documents.
By signing and dating the Consent Orders, you are confirming your agreement to the proposed orders and your understanding of their legal implications. Ensure that each party signs their full name and includes their title (e.g., Mr., Mrs., or Dr.), if applicable.
Step 6: File the Consent Orders and the Application
Make copies of the completed Application for Consent Orders form, including all supporting documents, and keep them for your records. File the original application, along with any required filing fee, with either the Family Court of Australia or the Federal Circuit Court of Australia, depending on your circumstances. Follow the Court’s guidelines for submitting the Consent Orders and associated fees.
For e-filing, see our “Guide to registering your Commonwealth Law Courts portal account”.
Step 7: Await Approval
Once you file the Consent Orders (and accompanying Application), the court will review the application. If the court finds the orders to be fair, just, or in the best interests of any children involved, they will approve the Consent Orders. You will receive sealed copies of the orders, which indicate their legal validity.
It’s important to note that while Consent Orders are legally binding, it is recommended to seek legal advice or consult with a lawyer to ensure that your rights and interests are protected. A Family Lawyer can provide guidance specific to your case and help you navigate the process of completing Consent Orders in Australia.
AFLAS can match you to a lawyer for your specific needs or you can book a consultation with our Triage Team to assist you complete the Application for Consent Orders. The Application can be used in conjunction with our parenting and/or property settlement Consent Orders found on our resources page.