One area we regularly deal with in Family Law is in regard to ‘consent orders’. Consent orders are a binding written agreement that cover things such as;
• Parenting Arrangements
• Financial Arrangements
• Property
• Maintenance
• Etc.
Consent orders are an agreement that is approved by the Family Law court and once granted, they have the same legal effect as if they had been made by a judicial officer after a court hearing. If both parties have reached an agreement about parenting and/or financial/property arrangements and want to formalise the agreement to make it binding, they can apply to the Family Court of Australia for consent orders. The court will take into consideration many factors when making a determination and when the orders concern children, the main factor they consider is ‘what is in the best interest of the child.’
The Family Law Act requires the courts to regard the best interests of a child as the most important consideration when making parenting orders. The court has to be satisfied that the agreement is just and equitable and/or in the best interests of the child before they can make a consent order. The Family Law Act also covers the various areas relating to consent orders, for example;
• If you are seeking orders concerning children you should read and consider sections 60B, 60CA, 60CC, 61DA and 65DAA of the Family Law Act.
• If you are seeking property orders in relation to a marriage, you should read and consider sections 75 and 79 and Part VIIIB of the Family Law Act. If you are seeking financial orders as a party to a de facto relationship which has broken down, you should read and consider sections 90SK, 90SL, 90SM and Part VIIIAB of the Family Law Act. If you are seeking an order or injunction binding a third party you should read and consider Part VIIIAA and if a party to a de facto relationship, you should also read and consider section 90TA of the Family Law Act.
• If you are seeking spouse maintenance orders, you should read and consider sections 72, 74 and 75 of the Family Law Act.
• If you are seeking de facto partner maintenance orders, you should read and consider sections 90SB, 90SD, 90SE and 90SF of the Family Law Act.
It is important that you understand the meaning and effect of the orders you are seeking. Even if you have decided to make your application without the help of a lawyer, you should obtain independent legal advice about the effect and consequences of the order you propose. These documents can be very in depth and complex depending on individual circumstances and once made have serious legal effect.
Relationship breakdowns can be a very hard and traumatic experience, if you are unsure about whether consent orders are appropriate for your situation please seek legal advice. Our Family Law team at Strategic Lawyers are more than happy to assist in any way, from legal advice to drafting and submitting the consent orders we are here to help.
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