Consent orders are utilised in Australia when the parties don’t want the court to decide their case. The parties independently reach an agreement, documented in consent orders filed with the Federal Circuit and Family Court of Australia to become official court orders.
Consent orders may be issued on child custody and/or financial issues such as property division or spousal support. In rare cases, consent orders may also be used to modify or discharge previously issued family court decrees.
Before deciding what to do or before filing a court application, it is recommended to seek legal counsel to know legal rights and obligations with the aid of an attorney. They can also clarify how the law functions in your situation. People having problems in their family relationships are not eligible for legal counsel from the court. If someone then goes to the court seeking orders, doing so could substantially impair the court’s capacity to decide a case impartially.
Form 11 is the application for consent orders. You should know that not all orders can be sought using this program before you start. As follows:
- The Child Support (Assessment) Act of 1989 governs child support.
- declarations that a de facto partnership exists
- Health care procedures
- Cross-vesting laws orders
- A parenting order made under section 65G of the Family Law Act of 1975 or section 92 of the Family Court Act of 1997 in favour of the person who is not a parent, grandparent, or other families
Any affidavits must be signed before an authorised witness after you have prepared all the necessary paperwork and before producing any copies. Remember that you must sign your affidavit and the written consent orders on the same day. The application must be filed within 90 days of the first affidavit being signed. Each party may sign on a different day. They may also each sign and date a page of the draught consent orders. Applying for consent orders costs money. More details can be found on the fees page.
After you submit your application, a Registrar will review it. The Registrar will evaluate the proposed orders to determine if they should be made, and if they should, the orders will be produced and made accessible for download through the eCourts Portal.
The orders you ask the court to issue are known as “draught” consent orders. The application for a consent order must be submitted with a copy of your draught consent orders. A Minute of Consent Orders should contain your proposed consent orders. When asking the court to adopt the orders, a minute of consent is a document that includes the proposed consent orders and is presented with an application for consent orders. A family lawyer draughts and submits consent order draughts on your behalf. When drafting an application for consent orders, several factors to consider that change based on the family law issue is being discussed.
After your marriage has irretrievably failed, you may apply for consent orders at any time. If you get a divorce order, you have 12 months to make an application for consent orders regarding finances or to start court procedures. In a de facto relationship, you can bring a pecuniary claim within two years of the separation date. You will need to request the court’s permission to apply for consent orders outside of these deadlines. Contact a skilled family lawyer if you require additional information or legal counsel regarding the application for consent orders.
