How to Apply for Consent Orders in Queensland? (5 Important Steps)

What is a consent order?

Consent orders are a common part of separation and divorce. But what exactly are they? Consent orders are a legally binding court order formalising an agreement between two parties. It can cover property settlements and parenting responsibilities. Consent orders are available to married couples and de facto relationships.

Step 1: Crafting a mutual agreement

Consent orders are, as the name suggests, based on the consent of the parties. That means you need to agree on the terms. How can parties ensure they have the best chance of achieving this?

Communication

Discuss what you want to achieve with the agreement. Each party can set down their expectations and listen to those of the other party. Keep all communication respectful and oriented towards reaching a constructive solution.

You might want to consider having a way to record the outcomes of the discussion. If you’re able to form an agreement on some matters from initial discussions, it may be worth writing them down so you can refer back to them when filling out the application. This makes email a potentially good way to communicate. It gives you a written record of your interactions and can be easier on parties who find it difficult to be in each other’s presence.

Compromise

Both parties must be willing to meet each other halfway. Agreements rely on compromise. It’s crucial to approach the situation with an open mind and a willingness to understand the other party’s perspective. If you’re not prepared to see the situation from the other person’s viewpoint, it can be difficult to find agreement.

This doesn’t mean that you should just let the other party dominate the discussion. Make sure that you both have an opportunity to say your piece.

Mediation

Professional mediation can help. A mediator provides a neutral space for participants to meet on equal terms. Each person has the opportunity to listen and be heard. These sessions aren’t about trying to get an advantage over your ex. Focus on finding solutions that work for everyone.

It can be helpful to have your lawyer attend the sessions with you. They can ensure that you understand your rights and advocate for your side. You should also come prepared. If you have documentation that’s relevant to the discussion, make sure you bring it with you.

Other resources

There are many resources available to assist with family law matters. Information and advice lines are freely accessible through governmental programs. These include:

• The Family Relationship Advice Line at 1800 050 321.
• The Moneysmart net worth calculator.
• For free legal advice related to family law, contact Legal Aid Queensland on 1300 65 11 88.

Step 2: Filling out required forms

You’ve done the hard yards and have formed an agreement. Now, you can fill out the Application for Consent Orders. The application form allows you to set out what you agreed to. Once it’s done, you can send it through to the Family Court.

Property orders

A property settlement covers the entire marital pool. The property that gets divided could include:

• Anything brought into the marriage.
• Things purchased during the marriage.
• Assets acquired after separation.

In family law matters, it is important to outline these assets in the proposed consent orders QLD clearly.

The Family Law Act outlines how the Federal Circuit and Family Court of Australia handles a property settlement. To make sure that divisions are fair and reasonable, the Court uses a four-step process.

Step one: Identify and value the asset pool

Both parties must fully disclose their finances. Even if you’re only planning on exchanging a couple of assets, you still need to account for everything. Transparency is essential. Trying to hide assets can lead to big problems. The Court wants the net asset pool. This means that you need to account for all liabilities as well as assets.

Step two: The Court considers each party’s contribution to the marriage

This assessment plays a key role in determining the division of assets. If consent orders are being sought, these contributions will be reflected in the division. There are many ways to contribute to a marriage. Contributions generally fall under one of two categories: financial contributions and non-financial contributions.

• Financial contributions. These are often what people think about first. They cover things like each party’s income and the assets a party brought to the relationship. While these are obviously important considerations, they’re unlikely to be the ultimate determinant for how a division is made.
• Non-financial contributions. These contributions may be overlooked to some extent, but they’re no less important. If you were a stay-at-home parent, you may not have contributed to the marriage financially. But you did contribute valuable work through childcare and home keeping.

Step three: The Court considers each party’s future needs

These considerations are particularly important when determining the terms of consent orders. It’s often the case that spouses won’t have the same financial capacity. If you gave up a career to care for your children, that could have a meaningful impact on your life after a divorce. Time out of the workforce and limited superannuation can make things quite a bit harder. Under the Family Law Act, the Court may decide to adjust the division of property matters to account for this. When preparing proposed consent orders, it’s essential to ensure they reflect a fair outcome that considers these real-world circumstances, and the family court will assess whether the arrangement is just and equitable.

Financial resources

Considering future needs is where the concept of financial resources comes in. Financial resources aren’t technically considered property and therefore aren’t divided. However, they’re may still be relevant. There isn’t any explicit definition of a financial resource in the Family Law Act. Consequently, the Court can decide how broad it wants to be based on the circumstances. In essence, a financial resource is something that provides a future monetary benefit for a party. This might include:

• An expected inheritance. (There needs to be reasonable certainty that the party will receive the inheritance.)
• A future pension entitlement.
• A pending claim for compensation.

Step four: The Court considers whether the settlement is just and equitable

The Court will look at the application and ask, ‘is this fair for both parties?’ If the answer’s no, it may make adjustment. It’s advisable to seek legal help throughout this process to ensure the consent orders are fair for both of the parties involved.

Parenting orders

Parenting orders establish the responsibilities each parent has to their children. Consent orders regarding parental responsibility must prioritise the child’s best interests. This is the Court’s primary concern. If a consent order fails to meet this, the application will be rejected.

Parenting consent orders should provide a comprehensive plan for how co-parenting will be arranged. This includes two broad categories:

• Living arrangements. Clearly outline when the child will live with each parent. Be specific about how change-overs will be handled to ensure smooth transitions. The consent order should also include arrangements for special occasions, such as holidays and birthdays.
• Parental responsibility. Determine how major long-term decisions will be made. This includes important matters such as the child’s education, healthcare, and cultural or religious instruction. These decisions should be clearly outlined in the consent order so both parents know what’s expected of them.

These forms are available for download from the Family Court website. For more information and comprehensive legal assistance, you can consult divorce lawyers on the Sunshine Coast.

Step 3: Seek legal advice

Applying for consent orders has significant implications. Once they’re granted, both parties are expected to adhere to them, and a sealed copy of the orders is issued by the court as the official, binding record. If either party doesn’t comply, they could face penalties.

For parents, this is especially important, as consent orders often cover parenting arrangements, property settlements, and other matters that directly affect your family’s future. Making sure all relevant information is accurately included from the outset can save time, stress, and costly amendments down the track.

Seeking legal advice from a family law solicitor is strongly advised to ensure the process is handled correctly and that the orders reflect your circumstances.

Everyone’s circumstances are unique. It’s important to find the right lawyer for you. There are many ways to assess family law firms to ensure they are experienced in handling consent orders and can provide the right guidance.

Contact Legal Aid Queensland on 1300 65 11 88 for free to seek legal advice. For specific concerns around parenting issues, call the family relationship advice line on 1800 050 321.

Online reviews

Look at online reviews to get a sense of how a firm is regarded by its clients. Try to consider a range of reviews, both positive and negative. If you see certain points coming up consistently, that’s something to pay attention to. Pay particular attention to how firms handle matters under the Family Law Act, including consent orders and property settlement outcomes. Reviews that mention experience with the family court process can give you confidence in a firm’s procedural knowledge and track record.

Look at how well the firm addresses the reviews. It’s good practice for a firm to reply to reviews whenever they can, especially if they’re negative. Do they have a good explanation for complaints, or are they simply making shallow excuses?

Family and friends

The opinions of trusted family and friends can be very influential. If anyone in your circle has dealt with similar family law matters to yours, ask for their insights and recommendations on legal representation. They may have experience with matters like superannuation interests or navigating a superannuation splitting order, and their perspective on procedural fairness can be invaluable. Don’t pry if they’re uncomfortable talking about anything. Make sure you thank them for their help.

Consultation

Many firms offer an initial consultation for free or at a reduced rate. Consultations are a great time to speak with a lawyer and get a sense of how they may help. Do you appreciate the way they communicate? Do they seem to have the right kind of experience? Use the available time to assess your compatibility.

Shanahan Family Law ensures your paperwork is accurate and can advise you on the legal consequences of your agreement. Our aim is to secure a solution suitable for both parties. In parenting arrangements, we focus on your family’s needs and your children’s interests. We have 15 years of experience dealing with consent orders. After working with over 4000 clients, we’ve handled a huge variety of different cases with varying levels of complexity.

• Learn: Why Our Family Law Services Approach Is the Best Choice for You?

Step 4: Submitting Your application for consent orders

After completing the forms and consulting with a lawyer, it’s now time to submit the application. When filing consent orders, it’s best to submit online through the Commonwealth Courts Portal. There’s a $205 court filing fee, but a fee exemption may be applicable in some circumstances.

Fee exemption

You may have the filing fee waived if you meet any of the criteria set out by the Family Court. According to the Family Court website, you may be eligible for a fee exemption if:

• You are the primary cardholder (not a dependant of a primary cardholder) of a health care card, pensioner concession card, Commonwealth seniors health card or any other card certifying entitlement to a concession issued by Services Australia or the Department of Veterans’ Affairs.
• You have been granted Legal Aid for the proceedings you are paying a fee for, from a Legal Aid office or an approved legal aid scheme or service, including an approved community legal centre.
• You are an Independent Children’s Lawyer appointed to represent a child’s interests in proceedings under the Family Law Act (only exempt for Subpoena and Interim application fees).
• You are receiving Youth Allowance, Austudy or ABSTUDY payments.
• You are under the age of 18.
• You are an inmate of a prison or otherwise legally detained in a public institution.

Financial hardship

People who don’t meet any of the criteria for an exemption may still be eligible for a fee waiver if they can demonstrate financial hardship. Financial hardship is determined through a three-part test.

1. Income test: Your fortnightly gross income mustn’t exceed a threshold that is set by the number of dependents you have.
2. Asset test: Your liquid assets cannot be greater than five times the fee you’re seeking to have waived. For a consent order, your liquid assets must be below $1025.
3. Daily expenses and liabilities test: Your fortnightly net income minus reasonable daily living expenses is your surplus income. This surplus must be below a threshold. For a consent order, the threshold is $100 per fortnight.

Step 5: Await the Court’s review of your proposed orders

Your application will be assessed by a Judicial Registrar. They will assess the application in different ways, depending on if you’re making parenting or property arrangements.

• Property matters. If you’re dividing your assets, the main concern is that the orders are fair and equitable to both parties.
• Parenting matters. When you’re making arrangements for your kids, the Court’s one and only concern is the best interests of the children.

The Court typically takes two to eight weeks to complete this assessment. During this time, it is important to ensure all documentation has been properly filed with the court registry. Once approved, the consent orders become enforceable.

From our clients

I highly recommend Shanahan Family Law. I felt supported, listened to and always confident in the advice given to me. They made the unpleasant situation I was dealing with effortlessly comfortable for me. Everybody I dealt with was utterly amazing. Thank you.

– Tania Smiley

In facing a relationship breakup, it was important to find the right help and support when I really needed it. I saw the near perfect reviews and wondered if a team could be as good as the reviews suggested? …Early on I realised yes, it can. In personally meeting with Luke, I also saw how a deep understanding of the legal field, coupled with a very competent and compassionate team is why good things can emerge from tough situations. Thank you Luke, Clare and Katrina for looking after me when I needed it most.

– Roger Christiansen

Conclusion

Many firms offer an initial consultation for free or at a reduced rate. Consultations are a great time to speak with a lawyer and get a sense of how they may help. Do you appreciate the way they communicate? Do they seem to have the right kind of experience? When discussing your situation, consider asking about their experience with financial matters and the specific order sought, whether that’s a divorce order or another arrangement. A cost-effective approach matters too, so don’t hesitate to ask how they manage costs and timelines, including any stamp duty implications. Use the available time to assess your compatibility, and don’t be afraid to seek leave to bring documentation or ask follow-up questions. A good lawyer will guide you through what to expect and ensure you understand the process ahead.

It’s always a good idea to obtain legal advice. Even simple mistakes can lead to major headaches and costly delays. We’ve helped hundreds of clients navigate the complexities of consent orders QLD. If you need help with family law matters, contact us for a free discovery call.

You can contact our team for a free discovery call. We won’t provide legal advice during the call. It’s simply a chance for us to get to know you and your needs so we understand how we can help.

Frequently asked questions

Can I change a consent orders QLD after it’s been granted?

Strictly speaking, you can’t change an existing consent order. But that doesn’t mean that you’re stuck with it if it becomes unworkable. What you may be able to do is apply for a new consent order that replaces the old one. There are limited circumstances when a consent order may be overturned, such as:

• The parties agree to it. If you want to change your parenting arrangement, you can draft a new application for consent orders and submit it to the Court. If the Court accepts it, the order is now in force.
• The consent order was obtained unjustly. This may happen when one party secured the orders through coercion or duress.
• The consent order is causing undue hardship because of unforeseen circumstances. For example, one party may become unemployed and be unable to meet their obligations under the order. The hardship must be significant. You can’t get out of an order because it’s inconvenient.
• A change in circumstances has caused the consent order to be a risk to the child.

How much is a consent order?

It depends on how you approach the application process. There’s a filing fee of $205, but that may be waived in some situations. Most lawyers offer a fixed-fee consent order service. These usually range from around $1500 to $2500, depending on what the firm includes in the service. There are a couple of things to keep in mind with fixed-fee services. Firms often base the fee on certain assumptions, such as:

• You’ve already come to an agreement without any mediation or negotiations required. If you do need the lawyer to negotiate, they may charge an hourly rate for those sessions.
• There are no complex assets like investment properties or superannuation interests. If there are, the lawyer may apply a higher-tier fixed fee.

What if my former partner breaches the order?

Breaching a court order is a serious matter. You have various options if your former partner is non-compliant. The best course of action depends on the circumstances. If the breach is minor, you may invite them to family dispute resolution (FDR) to determine how the breach can be resolved.

If FDR is unsuccessful, you may apply for a contravention order. You have to file an affidavit with the application setting out all the evidence you have that the breach took place.

What the Court will do

The Court can do a range of things after considering your evidence and the nature of the breach. For example, the Court may:

• Compensate one party if they lost time with their child as a result of the breach.
• Create a new order.
• Order the offending party to attend a parenting program.
• Order the offending party to pay the aggrieved party’s legal costs.
• Sentence the offending party to a fine or imprisonment. This is generally only applied in extreme cases or when a party has repeatedly breached the order.

Reasonable excuse

The party that breached the order can potentially avoid penalties. They just need to show that they have a reasonable excuse. Reasonable excuses include:

• The party believed the breach was necessary to protect someone’s health or safety.
• The breach was only long enough to ensure a party’s health or safety.
• They didn’t understand that they were breaching the order.

How do we organise child support?

Child support isn’t included in consent orders QLD because it’s generally handled through Services Australia rather than the Family Court. Services Australia acts as Australia’s child support agency. Child support is typically arranged in one of three ways:

• Informal agreement. If you’re happy to organise child support privately, you can do that. You may decide on how much is paid and in what way. There’s no need for an assessment or to seek legal advice. The risk here is that there aren’t good ways to enforce the agreement if it’s breached.
• Limited child support agreement (LCSA). This option is based on an assessment by Services Australia. This assessment determines the minimum amount that must be paid. LCSAs are binding and breaches may attract a penalty. You don’t need to seek legal advice, but it may be useful.
• Binding child support agreement (BCSA). BCSAs don’t require an assessment from Services Australia, but you can choose to get one anyway. The parties must both get independent legal advice before signing the agreement. This makes the agreement legally binding.