A consent order is essentially a court order for family law matters, be it parenting arrangements or financial settlement (or both), that is entered into by a private agreement between the parties and sealed by the court. This process empowers individuals to make their own decisions, rather than relying on a judge’s ruling. It’s a quicker and more cost-effective way to resolve issues at separation and more likely to see a better outcome for all involved.
A consent order, as its name suggests, is a product of mutual consent. This means that the parties involved have freely and voluntarily agreed to its terms. The court, recognizing this voluntary agreement, is usually inclined to approve the orders applied for, as it assumes the parties have considered their agreement to be just and equitable and in the best interests of their child or children.
A consent order does not need to be drafted by a solicitor. The Family Court of Australia website provides free DIY kits to assist people in making these applications themselves. Many people opt to have a solicitor do the application, however, as they can ensure that the application is compliant, truly reflects the parties’ wishes, and has the expected legal effect and practical consequences desired. We are regularly approached by separating couples who have filed an application with the court, and it has been dismissed. The court will not explain why it has been denied, but it is often due to lack of disclosure in the application itself, or most commonly, poorly drafted orders in the Minute of Consent Order. As much as the system attempts to be accessible to self-represented parties, solicitors have endured many years of study and practical experience to be able to draft these orders, and their assistance in these matters can be invaluable.
At Kate Austin Family Law, we’re committed to making the process of obtaining consent orders as accessible as possible. Our low-cost fixed fee service ensures that you can get the professional assistance you need without breaking the bank. With our extensive experience, we can draft and file your documents in a timely manner, ensuring that your orders cover all the necessary aspects.
Kate Austin Family Lawyers is a specialised boutique Family Law firm. Our head office is in the BrisbaneCBD and we also have an office in the Sydney CBD. Kate Austin Family Lawyers act in all Family Law matters however we specialise in fixed fee matters for clients all over Australia who have reached an agreement with their former partner and wish to see it documented.
