You are able to finalise your parenting arrangements for children or how property will be divided in a property settlement by completing an application for consent orders.
Consent orders can only be completed if you and your ex partner can reach an agreement,
An application for consent orders can be made at the beginning, middle or end of a court matter.
If you and your ex have reached an agreement, there are major risks to leaving this agreement as informal.
A verbal or informal agreement can cause problems down the line.
There can be misunderstandings, or one side can attempt to change what was agreed upon if personal circumstances change.
An Application for Consent Order consists of two documents. These are:
The Application for Consent Orders
This is a document that is approximately 25 pages.
If applying for property orders, both parties must disclose detailed personal and financial information, such as disclosure of all assets and their values.
If applying for parenting orders, you will need to disclose
In property matters, the Court can only make Orders which it considers to be “just and equitable”.
Even where parties consent to the agreement, the Court can still refuse an application where they think that the agreement is unfair or if they thikn that one party should receive more.
If rejected, the court may ask for more information from you or ask you to file a further affidavit explaining as to why you think the orders you are seeking are just and equitable. .
If you insist that you are happy with the terms of the settlement and the court still denies making the orders, you may have to enter into a Binding Financial Agreement.
Consent Order Minutes of Consent
- You provide details of what orders are sought by you and your spouse
- An example is details regarding what will happen to motor vehicle Toyota Yaris Registration 123XYZ
IMPORTANT: The Registrar who receives your Application for Consent Orders and Minutes of Consent must be satisfied that the agreed property settlement or spousal maintenance arrangements are fair and reasonable and that the parenting arrangements are in the best interests of the child.
If the Court is not satisfied that this is the case, they can seek further explanation from the parties as to why the Court should approve the agreed terms.
Consent orders and child support
It is not possible to make Consent Orders about child support payments. This can be done by way of a binding child support agreement or by dealing directly with the Child Support Agency.