Table of Contents
- Consent Orders for Property Settlement
- Parental Consent Orders Family Court
- Consent Orders for Child Support
- Example Consent Order
In Australia, Consent Orders are legal agreements made between two parties in a dispute that have been agreed upon by both parties and have been approved by the Family Court. Consent Orders can be used in family law matters, including property settlement, parenting arrangements, and spousal maintenance.
If you and the other party have agreed on the court orders you want to make, you can apply for consent orders without having to go to court. These orders can relate to either parenting or financial matters, or both. Even if you’re already in court, you can still make an application for consent orders if both parties are in agreement.
To apply for consent orders, you’ll need to fill out the application for consent orders form, the consent orders cover sheet, the format for consent orders, and the certification of consent orders. All of these documents should be submitted together within 90 days of signing the application form.
There are time limits for applying for consent orders. If you were married, you can apply any time after separation until up to 12 months after your divorce is finalised. If you were in a de facto relationship, you should apply within two years of the relationship breakdown.
To complete the application, you need to fill out the relevant sections of the application for consent orders form and provide information on the cover sheet. The format for consent orders is where you propose your orders, which should be clearly written in numbered paragraphs. Both parties need to sign all documents in the application for consent orders.
Finally, sign the certification to complete the application, and file an application for consent order in the Family Court. It’s preferable to file online through the Commonwealth Courts Portal, but you can also file by post or in person.
Consent Orders for Property Settlement
When a couple separates, they can make an agreement about how to divide their property, assets, and debts. If the couple agrees on how to divide their property, they can make a Consent Order, which sets out the terms of their agreement. The Consent Order must be filed with the Family Court and approved by a judge.
Consent Orders can be made at any time after separation, and they can be made without going to court. However, if the property order is not approved by the court, it will not be legally binding. Therefore, it is recommended that parties seeking Consent Orders should obtain legal advice from family lawyers in Parramatta before filing the documents.
To obtain Consent Orders for property settlement in Australia, parties must follow a specific process. Firstly, they must reach an agreement on how to divide their property, assets, and debts. Once an agreement is reached, the parties can draft the Consent Order documents. The documents must include a detailed list of all the assets and debts, how they will be divided, and any other relevant details.
Parental Consent Orders Family Court
Parental Consent Orders in the Family Court of Australia refer to legal agreements made between parents or guardians regarding the care arrangements for their children. These orders are commonly used to formalise parenting arrangements that have been agreed upon by both parties, providing stability and certainty for both the parents and the children involved.
Parenting Orders can cover various aspects of parenting arrangements, including where the child will live, when they will spend time with each parent, how they will communicate with each parent, and any other relevant details. These Orders can also address specific issues, such as schooling, medical care, religious upbringing, or international travel.
To obtain Parental Consent Orders, the parents must reach an agreement on the proposed parenting arrangements. This agreement should take into account the child’s best interests, including their emotional, physical, and psychological wellbeing, and consider their views and wishes, depending on their age and maturity.
Once an agreement has been reached, the parents must draft a Consent Order that sets out the details of the agreement. The Consent Order must be filed with the Family Court of Australia, along with an application for Consent Orders. The court will review the documents to ensure that they comply with the law and that the child’s best interests are being considered. If the court approves the Consent Order, it will become legally binding, and both parents will be obligated to comply with its terms.
It is important to note that Consent Orders can only be varied or set aside in limited circumstances, such as a significant change in circumstances or if there was a mistake in the drafting of the Consent Order. Therefore, it is important that both parents seek legal advice before entering into parenting orders.
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Consent Orders for Child Support
Consent Orders cannot be utilised to make arrangements for child support payments. Instead, this can be achieved through a binding child support agreement or by directly communicating with the Child Support Agency.
Example Consent Order
Here is an example of the wording that might be included in a Consent Order for family law proceedings in Australia:
- The parties agree that the child of the relationship, [insert child’s name], will live primarily with [insert parent’s name], subject to the following arrangements:
- a. [Insert details of time the child will spend with the other parent, such as alternate weekends, holidays, and special occasions.]
- b. [Insert details of communication arrangements, such as phone or video calls.]
- c. [Insert any other relevant details regarding the child’s care and upbringing.]
- The parties agree to divide their property in the following manner:
- a. [Insert details of property to be retained by each party.]
- b. [Insert details of property to be sold and how the proceeds will be divided.]
- c. [Insert any other relevant details regarding property division, such as superannuation and debts.]
- The parties agree to pay child support in the following manner:
- a. [Insert details of the amount of child support to be paid, how often, and how it will be paid.]
- b. [Insert any other relevant details regarding child support, such as adjustments for changed circumstances.]
- The parties agree to release each other from any claims or demands arising from the relationship, except as provided for in this Consent Order.
- This Consent Order will be filed with the Family Court of Australia and will become binding and enforceable once approved by the Court.
- The parties agree to comply with the terms of this Consent Order and acknowledge that it cannot be varied or set aside except in limited circumstances.
Please note that the above example is just a general guide and will need to be modified or expanded depending on the specific circumstances of your case. Accordingly, it is important you speak to our child custody lawyer before drafting or agreeing to a Consent Order proposed to you.
