Consent Orders - What Are They?

If both parties have reached an agreement in relation to parenting and/or property, Consent Orders can be entered into.

Benefits of formalising an agreement by way of Consent Orders are: -

1. Consent Orders is a legally enforceable agreement that is approved by a Court. It also has the same legal effect if an Order was made by a judicial offer after a Court hearing/ trial. Serious consequences can arise should the Orders not be complied with and are breached.
2. Once Orders have been made, they are final. It is difficult to vary an Order once it has been made.
3. In respect of property matters, you may also be exempt from payment of stamp duty if the transfer of property (e.g. your matrimonial home) is transferred to a party or child of the relationship.

Time Limitations

Whilst there are no time limits when applying for an Application for Consent Orders in relation to Parenting Orders, there are time limits when applying for an Application seeking Property Orders.

1. If your Divorce has been granted, an Application for Consent Orders must be filed within 12 months of that date.
2. If you and your partner were in a de-facto relationship, then you will have 2 years to file an Application for Consent Orders.

If you are looking to finalise your family law dispute by way of Consent Orders, it is important to obtain independent legal advice to understand your rights and entitlements. If you wish to arrange an appointment, contact our team on 02 8917 8700.