What Are Consent Orders Australia, and Why Would I Need Them - Real Advice from a Lawyer

For us Family Lawyers, an application for consent orders is something we do practically every day. They are what I call the "holy grail" of Family Law in Australia.

The reason is, when you apply for a consent order, it means that both parties of the relationship have agreed to finalise your property matter, your family matter, or both

If you're at that point, it's a fantastic achievement, and congratulations to you and your partner. Firstly because you've been able to resolve your conflict without huge legal fees or going to court

This is a great outcome for you, it's cost-effective, it's fairly quick in order to get it done, and once it's finalised and sent into the court, you will receive court documents showing that your separation is full and final

Now, you're probably asking why I need consent orders, why can't I just write them out myself? This is an informal arrangement, and there are arguments again this

Any arrangement which is done informally is not legally binding, meaning if someone breaches the agreement, it will not be binding in court

Also, if you want to change the agreement, then there is no finality in your matter, it's ongoing until it's finalised by something like a consent order

It's important to understand that your matter is open-ended, unless you've finalised it, and the most effective way is by filing an application for consent orders.

Another very common question, is what happens when there's a property involved, and you want to transfer that property from one party to another party, and you can do this also with an application for consent orders, and if the transfer is subject to a breakdown in the relationship, then the property is exempt from stamp duty. Evidence of this will be required, and filing for a consent order is one piece of evidence of this.

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