Consent Orders for Property
What are Consent Orders?
Consent Orders are a set of legally binding terms that are made by agreement between two or more people.
They have the same legal force as an Order made by a Judge.
Generally, this is how we recommend our clients formalise their property settlements as once the Orders are made, they are very difficult to set aside.
You will need to file this with an Application for Consent Orders setting out your and the other party’s assets, liabilities and financial resources. You will also need to give a brief history of the financial and non-financial contributions during your relationship (including homemaker and parenting contributions).
What is an Application for Consent Orders?
In Family Law, where neither party have commenced proceedings with Court, Consent Orders are filed with an “Application for Consent Orders”, which is a document that shows what both parties own, earn, some details about their children, some circumstances behind the contributions they both made to the relationship (both financial and non-financial), and how the couple proposes to divide their property and/or formalise arrangements for the children. It’s like an Information Questionnaire so the Court has the information it needs to make sure the proposed Orders are appropriate.
How long do consent orders take?
Our Consent Orders system is designed so that we can have them drafted and returned to you within approximately 1-2 business days.
Once drafted and approved by you, you and the other party need to sign them. From the date of filing the Consent Orders, it takes 4-6 weeks before they are reviewed by the Court. If approved, they are made on the date that they are reviewed.
Sometimes Consent Orders can be “requisitioned”, which means the Court did not approve the Orders and requires a change to the Orders or further information from you. We can assist you with requisitions and responding to the Court or amending your Orders so that they are in a format that a Court would approve.
How long do Consent Orders last?
Consent Orders do not have an end date unless they have an expiration date set out in the terms of the orders. The idea is usually that they are final and last forever. If you have concerns surrounding this or varying your orders, you should seek legal advice.
How do I make my property settlement legally binding in Australia?
There are a few different ways to formalise your property settlement in Australia. The most straightforward way, if you do not currently have proceedings in Court, is to file for Consent Orders in the Federal Circuit and Family Court of Australia.
Do I need a lawyer to file for a property settlement agreement through Consent Orders?
No, you do not need a lawyer to file for Consent Orders. You can do it yourself (DIY) Consent Orders, if you wish. However, this is very hard to do without the right legal and technical language. It is also risky to do this without legal advice.
Can I get Modern Divorce to draft and file my property settlement agreement for me?
Yes, we are family lawyers and can review, draft, witness and file your agreements on your behalf. Click here to get started.
How much does it cost?
How much drafting your property settlement agreement will cost depends on how complex and/or large your asset pool is. The simplest Consent Orders start from $499. We can offer you a fixed fee quote that is very competitive if you fill out your details and proposed agreement here.
How does Modern Divorce work?
- You have separated and you need some help working out a settlement
- You complete our online questionnaire seeking advice about your financial and parenting issues.
- We prepare an advice, tailored to you (not automated or computer generated) about the issues you need to resolve. Timeframe/cost.
- You use the advice to negotiate a settlement with your spouse, either directly or via mediation or similar (we do not assist with this step).
- Once you have an agreement, you complete our online agreement tool telling us about the agreement.
- We prepare the settlement documents that you need to document your agreement/s in a enforceable way, and give you the requisite legal advice for them to be legally binding.
- The settlement documents are sealed and ratified by the Court where necessary.
- Your case is finished with minimum cost, stress and delay.
- You tell your friends how great Modern Divorce is.