A Step by Step Guide on Applying for Consent Orders

Consent Orders are the best way for you to save time and money in your separation.

 

They can be used to create, stop, or change existing family law orders. The Court approves it by making it into a Court Order.

 

 

Here is a step by step guide to help you apply for Consent Orders.

Step 1 – Write the Terms of Settlement

  • You and your spouse should draft up the agreed orders you are seeking
  • These should have details of the order
  • Each order should have its own separate and numbered paragraph
  • The order shall explain what you are asking the court to do.
  • For example: “That the father does not consume alcohol, drugs or any illicit substances in the presence of the child”
  • You and your spouse should sign and date each page
  • These will become the Orders the Court will make, if approved
  • Print single-sided or file online

Complete the Application for Consent Orders

  • Complete ‘Form 11 Application for Consent Orders’
  • All Parties type or clearly handwrite your responses
  • Sign the Application in the space provided at the bottom of each page
  • If a Party has had independent legal advice before the Application is signed, their advisor must also sign the Application
  • They must complete Parts K and M: ‘Statement of Independent Legal Advice’

Step 3 – Sign and File Affidavits

  • The same day you sign the Minutes of Consent, you should affirm the affidavits in Parts J, L and N
  • Both sides do not need to sign on the same day
  • At the end of the Application for Consent Orders, affirm affidavits in Parts J and L. Mark X in all the boxes that apply to your situation.
  • Make sure all Affidavits are done before a Lawyer, Notary Public or Justice of the Peace

 

You are now ready to file your application

 

 

  • Consent Order Applications can only be filed in the Family Court of Australia
  • You can either file this online or at the Family Court of Australia Registry.
  • If you go to the Registry, make sure you have:
    • The Original and TWO (2) Copies of the Signed and Dated Minutes of Consent
    • The Original and TWO (2) Copies of the Signed and Dated Application for Consent Orders
    • Any other relevant paperwork depending on Special Circumstances
  • If applicable, any copy of a Certificate of Marriage or registration of de facto relationship

 

 

NOTE: There is a filing fee of $160.

Step 4 – Consideration by the Court

A Registrar will consider the Application for Consent Order. If satisfied, the Registrar will sign the Terms of Settlement and sealed copies will be sent to you

 

 

The Consent Order is now approved and a legally enforceable Court Order

 

 

If the Registrar is not satisfied with your application, a notice will be sent to you with an explanation of what to do. It may or may not require you to go to court.

  • NOTE: An Application should be filed within 12 months of a divorce or within 2 years of the breakdown of a de facto relationship.

 

  • If your Application is outside this time frame:
    • for a divorce;
      • you can seek leave from the Court to apply for a Consent Order or,
      • you should file an Initiating Application+ Affidavit seeking the Court’s permission to bring an application for proposed property and maintenance orders
    • for a de facto relationship;
      • you should file an Initiating Application+ Affidavit seeking the Court’s permission to bring an application for proposed property and maintenance orders