A Step By Step Guide For Application For Consent Orders
The application for consent orders form can be difficult to complete so we have provided a step by step guide to help people complete their own forms.
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 orders you are seeking.
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” or “Within 7 days of the making of these orders, the Wife do all things necessary and sign all documents to transfer the title of the property at XXX to the husband.”
You and your spouse should sign and date each page.
These will become the Orders the Court will make if approved so print single-sided or file them online.
Step 2 – Complete the Application for Consent Orders
Complete ‘Form 11 Application for Consent Orders.’
All Parties type or clearly hand write 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.
Step 4 – 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 $165.
Step 5 – 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.