Formalize your family law agreements without going to court - quick, cost-effective, and legally binding solutions
Consent orders are legally binding agreements approved by the Family Court of Australia or Federal Circuit and Family Court that formalize arrangements reached between separating parties. They provide a cost-effective alternative to contested court proceedings while offering the same legal enforceability as orders made after a trial.
In Melbourne, consent orders are commonly used to finalize parenting arrangements, property settlements, and financial matters when both parties can reach agreement. Once approved by the court, these orders have the same legal force as if a judge had made the decision after a hearing.
Key Benefit: Consent orders save time, reduce legal costs, and allow you to maintain control over the outcome rather than leaving decisions to a judge.
Cover living arrangements, time spent with each parent, parental responsibility, communication, and other matters relating to children's care and welfare.
Deal with the division of assets, liabilities, and superannuation, including real estate, investments, debts, and business interests.
Address spousal maintenance, lump sum payments, periodic payments, and other financial support arrangements between parties.
Include both parenting and property/financial matters in a single application, providing comprehensive resolution of all issues.
Significantly cheaper than contested court proceedings, with reduced legal fees and no trial costs.
Orders can be approved within weeks rather than months or years required for contested matters.
Once approved, consent orders are enforceable through the court system if breached.
Parties maintain control over outcomes rather than having decisions imposed by a judge.
Provides closure and prevents future claims on settled property matters.
Negotiate and agree on all matters to be included in the orders, either directly, through lawyers, or via mediation.
Prepare the Application for Consent Orders and draft the proposed orders in the correct legal format.
For property orders, both parties must provide full and frank financial disclosure of assets, liabilities, and income.
Both parties sign the application and supporting documents, which are then filed with the court electronically.
A registrar reviews the application to ensure it's properly completed and the orders are appropriate.
If approved, sealed copies of the orders are sent to both parties and become legally binding.
| Aspect | Consent Orders | Parenting Plan | Financial Agreement |
|---|---|---|---|
| Legally Binding | ✓ Yes | ✗ No | ✓ Yes |
| Court Approval | ✓ Required | ✗ Not required | ✗ Not required |
| Legal Advice | Recommended | Optional | ✓ Mandatory |
| Cost | Moderate | Low | High |
| Flexibility | Can be varied | Easily changed | Difficult to change |
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