Consent orders are an important part of separations and divorces. But what exactly is a consent order?
It’s a legally binding court order formalising an agreement between two parties, which can cover matters like property settlement, financial arrangements, and parenting responsibilities.
Consent orders can apply to parties who are married or in a de facto relationship, ensuring the terms agreed upon are enforceable by law.
In Queensland, consent orders can address both parenting arrangements and property matters under family law. However, it’s important to note that financial support, such as child support, is handled separately through a distinct assessment process and is not typically included in a consent order.
Consent orders ensure that agreements regarding parenting and property are legally binding, but child support requires its own formal process.
This guide will provide information on applying for Consent Orders QLD and the benefits for you and your former partner.
Quickfind Summary
- Consent orders require the parties to have an agreement.
- Fill out the draft consent orders. Property orders and parenting orders have specific considerations that parties must adhere to.
- Seek legal advice before entering any legally binding agreement.
- Submit your application through the Court’s online portal.
- A judicial registrar or judge will assess the proposed orders. If satisfied, the orders will become binding.
5 Steps to Apply for a Consent Order in Queensland
Step 1: Crafting a Mutual Agreement
Consent Orders are a standard means of resolving property division and parental matters under the Family Law Act. The first step in applying for Consent Orders QLD is for both parties to reach an agreement. How can parties form agreements?
Communication
Discuss what you want to achieve with the agreement, ensuring it aligns with the principles of the Family Law Act. 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, ultimately formalizing the agreement through a consent order.
Compromise
Both parties must be willing to meet each other halfway, as agreements rely on compromise. Under the Family Law Act, 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, there won’t be real hope for success, and the Family Court may not approve the consent order.
Mediation
Professional mediation can help. A mediator provides a neutral space for participants to come together on equal terms. Each person will have the opportunity to make their case, which can be crucial when working towards consent orders. The sessions remain positive and solution-focused, ultimately helping both parties reach an agreement that can be formalized into a consent order and submitted to the Family Court for approval.
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 and the Moneysmart net worth calculator. For free legal advice related to family law, you can contact Legal Aid Queensland on 1300 65 11 88.
Step 2: Filling Out Required Forms
Once you’ve agreed, you can complete the necessary paperwork. This comprises the Application for Consent Orders and the proposed Consent Orders—often called the ‘draft orders.’ These documents outline the agreed terms, whether related to property division or parenting orders. Once finalized, the consent order can be submitted to the Family Court for approval, formalizing the agreement into legally binding consent orders.
Property orders
A property settlement covers all the assets in a marriage pool. Property brought into the marriage, purchased during the marriage, or acquired after separation are all eligible for division. In family law matters, it is important to outline these assets in the draft consent orders clearly. If parental responsibility is also a factor, those terms will need to be included as well. Seeking legal advice ensures that all aspects of the property settlement and parental arrangements are properly addressed and legally binding.
The Family Law Act outlines how the Federal Circuit and Family Court of Australia handles a property settlement. Consent orders are often used to formalize agreements between parties, ensuring the property settlement is legally binding and recognized by the Family Court.
Step one: The Family Court values the marital asset pool.
Both parties must fully disclose their finances, as transparency is essential for the process. Any attempts to hide assets can lead to penalties. Once full disclosure is made, application consent orders can be submitted to the court to formalize the agreement regarding the division of assets. Consent orders ensure that the division of property is legally binding and enforceable by the court.
Step two: The Court considers each party’s contribution to the marriage, whether financial or non-financial.
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 consent order. Additionally, if parental responsibility is involved, the consent orders will need to account for the care and support of children, ensuring that both financial and parental contributions are properly addressed.
Step three: The Court considers each party’s future needs, including factors such as health, age, future earning capacity, and caring responsibilities.
These considerations are particularly important when determining the terms of consent orders. If children are involved, parenting orders will also need to be included in the consent order to ensure that both financial and caregiving responsibilities are appropriately addressed.
Step four: Once the Court is satisfied that the settlement is just and equitable, it will grant the consent orders.
If parenting orders are part of the agreement, they will be included in the final consent orders. Should there be any concerns about the fairness of the settlement, the Court will make adjustments based on the previous steps. It’s essential to seek legal advice throughout this process to ensure the consent orders reflect a fair and comprehensive agreement for both parties.
Parenting orders
Parenting orders establish the responsibilities each parent has to their children. Consent orders regarding parental responsibility must prioritize the child’s best interests, as this is the Court’s primary concern. If a consent order fails to meet this criterion, the application for consent orders will be rejected to ensure the child’s welfare is fully protected.
Parenting consent orders should provide a comprehensive plan for how co-parenting will be arranged. This can include:
Visitation: Clearly outline when the child will live with each parent and the visitation schedule in the parenting orders. Be specific about how change-overs will be handled, ensuring smooth transitions. The consent order should also include arrangements for special occasions, such as holidays and birthdays.
These details are crucial for ensuring that the consent orders comply with family law requirements and prioritize the child’s best interests.
Decision-making: Determine how major long-term decisions will be made, including important matters such as the child’s education, healthcare, and cultural or religious instruction. These decisions should be clearly outlined in the consent order to ensure clarity and cooperation between both parents. By formalizing these arrangements in the consent orders, you create a legally binding agreement that complies with family law, ensuring that both parties adhere to the agreed terms for the child’s well-being.
Conflict resolution: Detail how the parties will resolve any issues that arise.
These forms, detailing your family situation, financial circumstances, and mutual agreement, are available for download from the Family Court website.
Step 3: Seek Legal Advice
Applying for consent orders in QLD has significant implications, as the consent order creates a legally binding agreement under family law. Seeking legal advice from a family law solicitor is strongly advised to ensure the process is handled correctly. Everyone’s circumstances are unique, so 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 best guidance for your situation.
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, particularly in handling cases under the Family Law Act. Try to consider a range of reviews, both positive and negative, to see what points come up consistently and how well the firm addresses family law matters.
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, particularly in relation to consent orders QLD, ask for their insights and recommendations on legal representation.
Consultation
Many firms offer an initial consultation for free or at a reduced rate. This can be an excellent opportunity to determine if you’re compatible with the lawyer and to discuss your case, including how they would handle matters like consent orders. Use this time to assess their approach to preparing a consent order and their experience in handling similar cases.
Shanahan Family Law guarantees accurate paperwork and offer insightful guidance on the legal consequences of your agreement. Our aim is securing a solution suitable for both parties. In parenting arrangements, our focus is protecting your family 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.
Step 4: Submitting Your Application
After completing the forms and consulting with a lawyer, you can submit your application. It’s best to submit online through the Commonwealth Courts Portal. There’s a $200 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. You can find these exemptions on the Family Court website.
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.
Income test: Your fortnightly gross income mustn’t exceed a threshold which is set by the number of dependents you have.
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 $1000.
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: Awaiting the Court’s consent order review
Your application will be evaluated by a Judicial Registrar or a Judge under family law. They will assess the fairness of the property division and, if children are involved, determine whether the consent order serves the children’s best interests.
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. For matters related to child support, a separate process through the Child Support Agency may be required.
Conclusion
Consent orders are the best option for most clients. However, it’s important to fully understand what the process entails under the Family Law Act. While the process can appear daunting, especially when dealing with the Family Court, breaking it down into manageable steps can simplify things significantly.
It’s always recommended to obtain legal advice to fully comprehend your agreement’s implications under the Family Law Act. Mistakes at any point, particularly when handling consent orders, can lead to delays and added costs.
We’ve helped hundreds of clients successfully settle property matters and navigate the complexities of consent orders. If you need help with family law matters, contact us for a free discovery call.
You can obtain legal advice from our team through a free discovery call.
If you need help with family law matters, contact us for a free discovery call.
The above information is intended to be general advice only and is not a substitute for personalised advice. Because it does not consider your individual circumstances, it is not intended to be relied upon and any loss or damage arising from any such reliance is disclaimed. Any financial or legal decisions should only occur after you have received tailored advice from a legal or financial professional.
