How long do consent orders take?

how long do consent orders take

In this blog, we’re introducing consent orders and answer the question – how long do consent orders take?

Consent orders and court orders are both legally binding. The main difference is that a consent order is made with the consent of the involved parties, while a court order is not necessarily made with consent. 

Why do people obtain consent orders?

People often obtain consent orders to ensure that the terms agreed upon by the involved parties are enforceable. Some couples create private informal written agreements specifying  matter such as the care of children, the division of assets, and property orders. These private agreements are not legally binding. Consent orders, on the other hand, provide added insurance to the parties as after they are written, a court has to agree to and enforce the terms.

In addition to being legally binding and allowing the parties involved draft up their own terms, consent orders don’t include court hearings and do not expire unless the consent order itself stipulates an expiry date.

Here are a few examples of what a consent order can include:

  • With whom a child lives
  • How much time each parent spends with a child
  • The financial responsibilities of each parent concerning child support
  • Who gets the property that the parties used to inhabit before they separated
  • The division of assets such as cars, jewellery etc
  • How debts will be handled

How long do consent order take to obtain and finalise?

If you and your ex partner agree on how you want to divide your assets, conduct your relationship and distribute child responsibilities, you should consider obtaining a consent order. If you were married, you can apply for a consent order anytime after separation and up to 12 months after your divorce is finalised. If you were in a de facto relationship, you can make a consent order application for up to 2 years after the relationship breakdown.

Obtaining consent orders is not a strenuous task as to the question – how long do consent order take? They usually take four to six weeks to finalise.

Starting a consent order application

If you want to start a consent order application you’ll need to fill out and file:

  • application for consent orders form
  • consent orders cover sheet 
  • format for consent orders
  • certification of consent orders

These all need to be filed together in your application. You must file within 90 days of signing the application for consent orders form.

You can start here with the FCFCOA’s do it yourself kit. Once completed, the application should be filed through the commonwealth courts portal

If you need more information or help with obtaining a consent order, contact us here.

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