Within the Family Law System, a Consent Order or Consent Orders are Orders made by the family court that the Parties (the Applicant and the Respondent) both agree to.
Consent Orders can have both parenting and property settlement matters referred to them.
The Court will then review and potentially make the Orders if they are deemed appropriate to resolve the matter. Parties to Consent Orders do not have to attend court to have Orders made by Consent.
Parties who already have a matter before the court can settle their court matter at any time by coming to an agreement that is deemed to be suitable by the court.
How long do Consent Orders take to prepare?
If both parties are able to communicate well, they can reach an agreement at any time.
If the parties are unable to communicate in a respectful and productive manner, they can consult with a family lawyer who can write to the former partner with the proposed orders on the client’s behalf. An agreement between both parties can then be negotiated from there.
The parties may prefer to attend Mediation to assist them in negotiating an agreement. Following mediation, the agreement can be drafted by the parties or the parties’ solicitor to be an application for Orders by Consent.
Once an agreement is reached between the parties with the assistance of a solicitor or mediator, the application can then be sent to the Court.
A date will be given to the parties for a Registrar of the Court to review the Orders. If the Registrar has any questions, they will be sent out to the parties before the Orders can be made.
How much do Consent Orders cost?
Fees for Consent orders are in two parts, court fees, and solicitor fees.
Currently, the Family and Federal Circuit Court charges an application fee of $180.00 for Consent Orders.
If agreement is reached or largely reached between parties, a solicitor will usually offer a set fee to draft the Orders into a written format that is acceptable to the Court.
They will also offer advice on best outcomes and the type of Orders likely to be made as well as what is in the best interests of any children that may be involved in the matter.
Noosa & Hinterland Family Lawyers offers a set fee for Consent Orders.
How do I get a Consent Order?
Once an agreement is reached between the parties for the Orders proposed, an application for Consent Orders is completed, and the application fee to the Court is paid.
The Orders can then be uploaded to the Commonwealth Courts Portal, which is linked within the Federal Circuit and Family Court system. Your Orders will then be put before a Family and Federal Circuit Court Registrar on an allocated chambers hearing date.
Next Steps
The offices of Noosa Hinterland Family Lawyers are based in Noosaville and Cooroy. We help many clients, just like you, who may be looking for legal support with separation, divorce, property, and parenting matters.
We can offer you court alternative solutions, mediation, and litigation when appropriate. Our collaborative approach allows you to have more input and control of the outcome.
If you would like help getting a clearer picture of what divorce looks like for you and your family, you can book a FREE 30-minute Initial consultation with one of our Senior Solicitors by either calling our office or by booking an appointment online.
