Consent orders are formal, legally binding agreements between divorced and in some circumstances separated defacto couples, that are approved by the Family Court or Federal Circuit Court. These orders can relate to parenting arrangements or property settlements. Once approved, they provide legal certainty and enforceability.

We assist with the application process to ensure your rights and needs are protected. We also ensure that your agreement complies with the Family Law Act and is enforceable. Our legal experts can guide you through the entire process, offering clear advice on how to achieve fair and lasting outcomes.

Not every separating couple requires consent orders. Consent orders provide critical legal certainty for both property and parenting matters following separation. They ensure that the terms of your agreement are clear, enforceable, and legally binding. Without these orders, informal arrangements can be disregarded or disputed.

Consent orders prevent future conflicts and give both parties confidence that their rights are protected under the law. Whether it’s property division or parenting time, consent orders allow you to make long-term arrangements with peace of mind, knowing that the court has approved your agreement.

At Avokah Legal, our Brisbane-based team provides expert legal guidance throughout the consent order process. We help ensure that your parenting and property settlement agreements are both fair and legally enforceable. Our experienced lawyers assist in negotiating terms that meet your needs, drafting clear legal documents, and securing court approval.

We are committed to ensuring that your agreement, whether about parenting consent orders or property settlement, is properly structured so you avoid future disputes and challenges. With us, you receive peace of mind and effective legal protection.

Initial Consultation: We start with a free consultation to understand your situation and objectives. We assess whether consent orders are right for your situation.

Negotiation: Our lawyers will assist in negotiating a fair agreement between you and the other party, taking into account the best interests of any children and the financial situation.

Drafting & Submission: We prepare the legal documents necessary for your application for consent orders. These are then submitted to the court for approval.

Court Approval: The Federal Circuit & Family Court of Australia reviews the terms of your agreement. If they approve it, they will issue formal court orders, making them legally binding.

A financial agreement is a private contract made between two parties, often without court involvement. While they are often legally sound, binding financial agreements do not carry the same legal weight as consent orders, which are approved by the court.

Consent orders are more legally certain and enforceable because they are subject to court oversight. Unlike consent orders, financial agreements are not automatically enforced by the court unless they are formally made into court orders.

The approval process for consent orders typically takes 3-6 weeks, depending on the complexity of your case and the court’s workload. The court will review the proposed consent orders, ensuring that all terms meet the requirements of Australian family law.

In some cases, you may need to provide additional documentation to clarify any details. The process can be delayed if there is a court hearing or if more evidence is required, but most cases are resolved relatively quickly.

Yes, consent orders can be altered, but only in certain circumstances. If both parties agree to the changes, you may apply to the court for a variation. However, if one party does not agree, the court will need to assess the exceptional circumstances justifying the modification.

Changes are typically allowed if there is a change in financial circumstances, parenting arrangements, or other significant life events. It’s essential to seek independent legal advice before making any changes to your consent orders to ensure you fully understand the legal implications.

If one party does not follow the consent orders, you have the right to apply to the court to enforce consent orders. The court can take various actions, including issuing penalties or orders to compel compliance.

Enforcement may include changes to the property settlement spousal maintenance arrangements or parenting plans that parties have consented to. It is important to keep detailed records of any non-compliance and seek legal advice to understand the steps you can take to enforce the orders.

While you can apply for consent orders without a lawyer, it is highly advisable to seek independent legal advice to ensure your agreement is fair, clear, and legally enforceable. A lawyer can help you understand your legal rights and navigate the court application process. We provide assistance in drafting and submitting all the necessary documents, ensuring your agreement meets all the legal requirements.

We also offer fixed-fee consent orders in most circumstances, ensuring you know the costs upfront and avoiding unexpected legal fees. Our experienced family lawyers provide tailored support throughout the process and will always prioritise reaching an amicable, mutual agreement for you and your former partner.