Are you separated and need to finalise your DIY consent orders for property settlement or parenting matters? You could use consent orders when you and your ex-partner agree. These agreements enable you to sort out your finances and organise co-parenting. You may want to handle the process yourself. The Court has a DIY kit available and a streamlined application process.
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Key takeaways
Documenting your agreement
You can end your financial relationship through a consent order approved by the Court or a binding financial agreement. A financial agreement is legally binding like a court order made by a judicial officer, but the upside is that you don’t need to go to court. Once the consent order is granted, you agree to the order and will follow the terms stated in the document.
Consent orders about the property can include the transfer or sale of property and superannuation. Consent orders benefit former couples in various ways. For example, if you’re selling real estate as part of the order, you won’t need to pay stamp duty.
A consent order is legally binding. It sets the terms for parenting arrangements or property settlements. They must meet certain requirements before the Court grants them.
Property consent order
Property orders cover the entire marital asset pool. This includes any liabilities. The Family Law Act 1975 sets out a four-step process the Court must use to assess these orders.
Step 1: Property pool identification and valuation
Both parties must disclose their financial position fully. Failure to do so may result in an adjustment to the settlement against the non-disclosing party. The non-disclosing party may face a fine or even imprisonment for contempt of court.
Step 2: Assessing contributions
The Court will determine each party’s contribution to the marriage. Financial and non-financial contributions are considered. Childrearing, housekeeping, renovations to the home, etc., are all relevant.
Step 3: Determining future needs
The Court will make adjustments based on the parties’ future needs. Many factors can affect this, including:
Access to financial resources.
Health and age.
Employment prospects.
Child care obligations.
Earning capacity.
Step 4: Final assessment
The Court will decide if the proposed settlement is “just and equitable”. If it decides it isn’t, the application may be rejected.
Parenting consent orders
When considering parenting consent orders, the Court is concerned only with the child’s best interests. According to the Family Law Act, the Court considers six broad factors:
What arrangements best account for the protection of the child and carers of the child from family violence or neglect.
The child’s views if they’re mature enough.
The developmental and psychological needs of the child.
The extent to which each parent can meet the needs of the child.
The practical difficulty of the child having a relationship with both parents and other significant people.
Any other factors that the Court deems relevant to protect the child’s best interests.
Learn: Why Our Family Law Services Approach Is the Best Choice for You?
DIY consent orders
People may opt for an informal agreement for parenting or property matters to avoid the complications of the legal system. However, property and parenting orders are easier for parties to access than ever.
Since the Federal Circuit Court and Family Court were merged, court processes were streamlined. One of the critical motivations for doing this was to make it easier to access the justice system. Previously, litigants often had difficulty understanding which court to apply to for orders.
Now there is one point of entry for all applications. There are also specially designed DIY kits, including DIY consent orders for people wanting to file applications for parenting or property matters alone.
Thinking about DIY consent orders?
Our fixed-fee Property Consent Order package includes a consultation with our expert family law team, application review, partner witnessing, and Court filing — all for one transparent price. Save thousands on legal fees and move on with peace of mind.
Applying to the Family Court
The primary documents you must complete to file for consent orders are:
The consent order application form.
The proposed orders.
The proposed orders set out the terms that the parties are formalising. The Federal Circuit and Family Court of Australia provides a proposed order template as part of its consent order application form. The Court now requires applicants to provide the proposed orders in two different forms:
A PDF version.
An identical Word Document version. This version can’t be locked for editing. It also can’t contain any tracked changes, images, or macro functions.
Depending on the order, you may need to include other documents in your submission, such as:
A Notice of Child Abuse, Family Violence or Risk of Family Violence as part of a parenting order application. This document is part of the Court’s obligation to report specific information to child welfare authorities.
If splitting superannuation, a letter from the super fund agreeing to comply with a superannuation split.
A financial statement that discloses your entire financial situation.
A financial questionnaire that sets out your contributions and future needs.
Both parties must sign the application and proposed orders. There’s also a filing fee that may need to be paid. De facto relationships may need a certificate of registration to prove the relationship exists.
Before it approves consent orders, the Court may ask you to address any concerns by issuing a notice.
Superannuation splitting
Superannuation interests are considered separately from other kinds of property. It has its own process for valuation and splitting that are crucial to understand if you’re pursuing a DIY approach. Here are the basic steps.
Step one: Get a valuation
You’ll need to complete two forms to get an accurate valuation from your superannuation trustee. Those forms are the following:
Form 6 Declaration. This shows the trustee that you’re entitled to the information for the limited purpose of getting a valuation.
Superannuation Information Request Form. This sets out the information that you’re seeking from the trustee.
The trustee will likely charge a fee for access to the information. You can find all of the necessary forms in the Court’s Superannuation Information Kit. Getting a superannuation valuation can be complicated. You may need to get assistance from an expert.
Step two: Decide how the superannuation interests will be split
Superannuation can be split through a written agreement, or the parties can seek a court order.
Financial agreement. Superannuation can be included in a financial agreement along with other property. The parties could agree to a set dollar amount or a percentage split.
Consent orders. The parties can agree to a court order. This means that how the superannuation is handled will be assessed through the Court’s four-step process.
Informing the fund
If you’re seeking a consent order that includes superannuation, the superannuation fund has to be notified. This is because the fund reserves the right to attend any court hearings and potentially file an objection to the proposed orders. This is called ‘procedural fairness’.
Once the superannuation order is made, you must give a sealed copy of the order to the trustee.
Major points to remember
Before you start the process of splitting superannuation, here are some tips to remember:
No matter what agreement you come to about your superannuation interests, you still need to obey superannuation laws. This means that if the interest is still in the accumulation phase, it won’t be accessible until you’ve met the conditions of release.
It’s important to consider the tax implications of the split. Speak with a registered tax agent to get sound advice on how the agreement will impact your personal circumstances.
Make sure you observe your responsibilities around procedural fairness. Agreements won’t be able to proceed without it being satisfied.
The valuation has to be current as of the time of the settlement. Don’t rely on any valuation that’s been made weeks or months ago.
Our fixed fee consent orders package
Shanahan Family Law understands break-ups are difficult. Our family lawyers have designed a fixed fee property consent order package to help parties with an agreement save on costs and move on with their financial journey stress-free.
You can finalise your property settlement with this package without unnecessary legal fees. With this option, you can save thousands of dollars. With the support of our expert family law team, you can achieve family court approval for your agreement.
Our fixed fee Property Consent Order package includes the following:
The Property Application kit for you and your ex-partner to document all the relevant information required.
A consultation with our expert team to discuss your family law matter, so you have the peace of mind that any agreement you’ve finalised is an agreement that you are happy with.
A Review and preparation of your draft application to ensure that it meets the requirements of the Courts.
Partner witness and signing services.
The Court filing of your final application.
A Copy of certified Court Orders gets emailed directly to you.
If you need help with family law matters, contact us for a free discovery call
From our clients
Very professional, supportive and respectful in all communications and responsibilities. I found their team very patient when challenges occured and kept me informed at all times. Highly recommend them, for personal legal requirements.
- Diana Homer
Highly recommend Shanahan Family Law. Professional and stress free. Everything was done over email and phone easy and effectless. Thank you.
- Yogita Ridgley
Conclusion
Consent orders can be a great way for people to make property and parenting arrangements after separation. They’re legally enforceable and encourage agreement on important matters. You can pursue consent orders by yourself, as long as you understand what the Court is looking for. If you’d like assistance, Shanahan Family Law has a fixed-fee legal service.
Do you need help with your application for consent orders?
Our team is ready to provide legal advice for any client looking to file consent orders. Contact us today for a free discovery call.
