1. Do I have to get divorced before I get consent orders?
While you can make a divorce application before you get Consent Orders, the vast majority of people like to finalise their property settlements or their kids’ arrangements with Consent Orders before they file for divorce, since you have to be separated for twelve months before making a divorce application and most people want to have their Consent Orders in place by then.
2. What is the procedure for changing Consent Orders?
It is possible to change your Consent Orders with the other person’s consent. You may however change your Consent Orders only if the other party consents, in which case you must file a new Court Application and supporting affidavit. Although the process can take a long time, there is no guarantee that it will be successful.
3. How can a Consent Order be obtained?
In order to file Consent Orders, you must file an Application for Consent Orders that provides the Family Court with relevant background information and details of the assets and liabilities you have. You must also file a Minute of Consent that describes exactly the Orders you are asking for. Filing fees are also required.
4. What is the processing time for Consent Orders in the Family Court?
The court generally takes around 28 days to process proposed Consent Orders, assuming all documents have been filed correctly and that everything is in order. This depends on the Registry where you file your documents and the time of year it is.
5. In the event of a Consent Order breach, what happens?
A consent order can be enforced in the same way as any other court order. A court order can be enforced by applying to the Family Court and if the court finds that there is a breach of the order, then penalties may be imposed.
6. What is a Consent Order Minute?
The ‘Minute of Consent’ is a document you submit to the Family Court setting out the Orders that you are asking the court to make on your behalf. In addition, the agreement should set out in detail what each party is expected to do and by when, and it must be drafted so that it is legally binding before the court will issue orders based on the agreement.
7. Can you explain the difference between a consent order and a court order?
As far as Consent Orders and Court Orders are concerned, there is no difference between them and both are legally binding and enforceable in the same manner. When the court is called upon to enforce a Consent Order, or to penalize a non-complying party for a Consent Order breach, it does so in the same way, whether the Order was made through Consent or through a contested hearing.
8. Consent Orders – what Is the purpose ?
You will be protected from any future property settlements from your former partner by a Consent Order. Consent orders allow you to get a stamp duty exemption when you transfer a property from joint names to one party’s name. Consent Orders are required if you require a superannuation splitting orders as well.
9. Why is a Consent Order better than a parenting plan?
Parenting Plans are neither enforceable nor a legally binding. If you feel that your Consent Order has been breached, you can take it back to court and have it enforced. Consent Orders are legally binding and enforceable.
10. What is the application process for a family court Consent Order?
An Application for Consent Orders needs to be filed, which provides the court with relevant background information as well as a basis for deciding whether the consent orders are fair, which it must determine before making them. In order to have your Orders made by the Court, you then need to file a Minute of Order, in which you outline in detail the Orders that you are asking the Court to make.
11. How long does it take to process a Consent Order
You should generally allow at least 28 days for the court to process your Application and Minute of Order seeking, although it may take longer or shorter depending on the time of year and where you file your documents. If your documents are faulty, the process will take longer since the documents will be returned to you with questions you must answer before the matter is reconsidered.