Consent Orders
Separation Agreements Without Court Action
Consent Order Family Law
Divorce and separation are undoubtedly emotionally challenging — Consent Orders ease the stress and anxiety by allowing agreement without the exhausting Court process.
Relationship break-ups present a multitude of issues — for example, spousal maintenance, property transfer and ownership, and child custody. Debating and arguing these emotive subjects in Court can cause worry, disharmony, and animosity.
Reaching an agreement without litigation saves time, money, and excessive heartbreak.
At Falzon Legal, our compassionate approach navigates you patiently and comfortably through Consent Orders. Allowing you to achieve peace of mind, resolution, and satisfaction — without arguing the matter in front of a judge.
What Is a Consent Order?
In general terms, a Consent Order is a legally binding covenant that formalises an informal understanding.
Also known as a Consent Judgement — if you and your estranged spouse or partner concur on the details of your separation, you may then request that the Court make an order to enforce the agreement.
Filed in the Federal Circuit and Family Court of Australia, once the Consent Order is issued, it becomes legally enforceable.
What Areas Do Family Court Consent Orders Cover?
Reassuringly comprehensive and versatile, Consent Orders can address the key areas of your de facto relationship or marriage breakdown.
This can include:
Parenting Consent Orders
Undoubtedly, the primary consideration during separation is the wellbeing of your children.
If, as a couple, you can reach an agreement on parental circumstances — you can formalise your decision with a Parenting Consent Order.
Typically, it incorporates such matters as:
- Who the children live with.
- Access rights.
- Where the children spend weekends, holidays, and special events such as birthdays.
- How the education and upbringing of the children will be paid for.
You will need the assistance of a professional Family Lawyer to draft the proposed Order. The Family Court will scrutinise the document with one key question in mind — does it have the best interests of the children at its core?
As long as the Court agrees that the covenant works for the benefit and wellbeing of the younger ones — it will be approved and legally enforceable. Any failure to adhere to its terms in the future will be judged to be a breach — and the failing party sanctioned.
At Falzon Legal, we understand that while the happiness and comfort of your children are the ultimate priority — we also know that legalising access and residence rights is emotionally heart-wrenching.
We will work through this together with relentless support and understanding — ensuring that your beloved family members are cared for, and that you receive the reassurance and peace of mind you deserve.
Maintenance Consent Orders
Often referred to as Financial Consent Orders, these agreements formalise how your money and financial instruments will be divided between you and your partner or spouse.
While every marriage and de facto relationship will have specific circumstances concerning finance, Financial Consent Orders typically address:
- Savings in the bank.
- Investments — including stocks and shares.
- Pensions.
- Superannuations.
- Property.
- Bonds.
- Future maintenance plans.
An experienced Family Law Solicitor will create a draft Financial Consent Order on your behalf for the Court’s approval. They will investigate whether they consider that the Order is both equitable and fair for all concerned parties, before making it official and binding.
Keeping this matter away from litigation can save considerable expense, anxiety, and time. At Falzon Legal, we will accurately and diligently examine your financial situation, and offer considered advice on the best pathway — including addressing the sometimes more preferable route of a Binding Financial Agreement.
Property Consent Orders
For many separating people, the family home — and any rental or investment properties — are usually the asset with the most considerable value. Furthermore, there’s more than just the building itself involved, typically, there are loans, mortgages, and debts associated with the bricks and mortar.
A Property Consent Order, sometimes reached through Family Mediation, permits you and your estranged partner to formalise an agreement surrounding the assets and its liabilities.
At Falzon Legal, not only will we draft a comprehensive Property Consent Order for the Court’s approval — but also assist, where necessary, with any Conveyancing requirements surrounding the Transfer of Property.
But, we also fully understand, there’s more than just legal practicalities.
When the family home is under discussion for transfer, sale, or division — it can be heart-wrenching. What was once a place of security, love, and comfort suddenly becomes a straightforward financial asset.
We know this can be disorienting and upsetting. That’s why through every step of the process, you have our ceaseless support, reassurance, and empathy — navigating you compassionately and patiently throughout.
Let Falzon Legal Arrange Your Property Consent With Consideration — Speak to Us
The Advantages of a Separation, Divorce and Consent Order
Prevents Animosity
Debating and arguing the custody of children and allocation of finances in Court is severely stressful. Unfortunately, the process often becomes bitter, confrontational, and unpleasant.
Not only is this painful and traumatic for you at the time, but can often lead to years of hostility and resentment between you and your separated partner or spouse. And this is without considering the crucial factor of how it affects your children.
Reaching a cordial and mutually acceptable agreement without legal battles is preferable for all parties — including the younger family members.
Cost-Efficient and Time-Effective
Legal disputes take time and cost money.
At the time of separation, the necessary reallocation of funds and cash can often leave both parties financially challenged. Costly legal fees and Court expenses can exacerbate your already difficult situation.
Furthermore, the Court mechanism is hardly ever swift. Not only are you bound by the judiciary setting the dates and timelines for hearings — but with every challenge or argument, the process can lengthen.
Coming to an agreement with your ex-spouse or partner and simply having the concord validated by the Court saves time and money.
Legal Enforceability
If you come to an agreement regarding your children, property, and finances with your separated other — a Consent Order theoretically isn’t necessary.
But, it’s seriously advisable.
A Consent Judgement simply adds a powerful level of assurance for both parties — by making the settlement legally enforceable. Should one side renege on their promises, the other can compel action through the Court.
Furthermore, while some people separate with an immense amount of trust between the two former partners — others find it tough to keep faith in each other’s promises. A Consent Order delivers additional confidence that the other side will keep to its commitments.
Avoiding Property Transfers Expenses
Through a Property Consent Order, you and your estranged partner are usually exempt from paying Stamp Duty and Capital Gains Tax.
Consent Orders Are Always Preferable to Court Action — Talk to Us Today
How to Apply for Divorce/Separation Family Consent Orders
First, speak to an experienced Family Lawyer — such as Falzon Legal.
Considerately, diligently, and compassionately we will initially:
- Explain your legal rights.
- Detail your options.
- Navigate you through the applicable areas of the Family Law Act.
- Assist in achieving an informal agreement with your separated spouse or partner.
- Draw up the draft Orders.
- Confirm the other party is in agreement with the draft Orders.
- Deliver support, understanding, and guidance where required.
Once we have achieved the above together, it will be time to commence the statutory process. Usually, it follows the below, remarkably straightforward, path:
1: You will, with our assistance, complete the required Consent Orders Application (form 44).
2: Both you and your former partner or spouse will review the documentation to ensure it concurs with your agreement. You then both sign in the presence of a Justice of the Peace or solicitor.
3: File the documents at the Family Court together with the current filing fee. Additional corroborating evidence may also need to be provided — we can advise you on this.
4: As long as the Court agrees that the Financial Orders are equitable, and that Parenting Orders are in the children’s best interests — the Court will validate them.
Do I Need a Lawyer To Get a Consent Order?
Technically, no — ideally, yes.
While it’s possible to prepare and submit Consent Orders without a solicitor — you’re exposing yourself to considerable inconvenience, wasted time, and often additional costs.
At the very least, you should take legal advice first, even if you’re committed to making the application yourself.
The reasons are manifold. The benefits of utilising the assistance of an experienced Family Law solicitor include:
- Being aware of your full entitlements.
- Assisting in reaching an agreement with your ex-spouse or partner.
- Not including commitments in the Order that may leave you exposed.
- Ensuring your agreement doesn’t include matters unenforceable by law.
- Comprehending the full consequences of your settlement.
- Preventing delay by ensuring all required documentation and supporting evidence is seen by the Court in a timely manner.
- Ensuring the Orders meet the requirements of equity for Financial Orders.
- Checking Orders satisfy the Court stipulations of being in the best interest of the child in Parental Orders.
- Addressing the specific needs of de facto relationships.
Remember, once signed and agreed by the Court, Consent Orders are legally binding for perpetuity (unless later set aside). This means that you must abide by the terms indefinitely — otherwise, you may be found to be in breach of the agreement.
Falzon Legal will ensure your Consent Order is legally enforceable and reflects your informal agreement. Delivering the reassurance that you can move forward in your new life journey with confidence and clarity.
Falzon Legal — Guiding You Compassionately Through Consent Orders
Consent Orders may not eliminate entirely the heartbreak and upset of a divorce or separation — but they can prevent the stress, animosity, and cost of lengthy Court battles.
At Falzon Legal — we know that break-ups are never easy.
However, it’s our intent to ensure that through every step, we provide you with continual support, reassurance and guidance — on top of our professionalism and relentless diligence.
Meeting with you in our Parramatta office or at your home, together we will work through achieving a pleasing and satisfactory outcome for all parties. Protecting your time, funds, and wellbeing of your children.
We cannot take away the pain, but we can ease the strain — talk to Falzon Legal today to begin the Consent Orders process.
Consent Order FAQs
Do Consent Orders Expire?
As soon as the Court formalises your Consent Order — it remains enforceable in perpetuity. That is, unless a party later makes a successful application to have the Order set aside.
What Happens If You Ignore a Consent Order?
A Consent or Judgement Order made by the Court is legally binding. Should one party ignore or fail to adhere to its terms, they may be placed in Contempt of Court.
Do Both Parties Have To Agree to a Consent Order?
Yes. The terms need to be agreed by both parties in draft form before being filed with the Court for approval.
Can a Judge Reject a Consent Order?
Yes. If, in the Judge’s opinion, the proposed Consent Order is inequitable for Financial Orders, or doesn’t function in the best interests of the child for Parental Orders — it can be rejected.
Do Parental Consent Orders Expire?
A Parenting Consent Order only ceases if and when it is superseded by another Order, is set aside, or the child reaches the age of 18.
How Long Does a Consent Order Take NSW?
From submission to approval by the Court, the Consent Order usually takes around five to ten weeks. The time frame can be affected by the level of work currently being addressed by the Court, and whether further documentation or clarification is required to process your Consent Orders.