What is the Procedure & Steps involved to get Consent Orders

What are the Steps to follow to get Consent Orders from the Court 

It is possible for you to make an Application yourself to ask the Court to issue Consent Orders in terms of the agreement you and your former partner have agreed on.

There is no requirement for lawyers to have to represent either party in an Application for Consent Orders, which is a completely administrative process, not even requiring a Court appearance.

There is an Application form to be completed but many say the most difficult part of the process is to draft the wording of the actual Consent Orders.

We have prepared an easy to follow, step by step procedure you can use if you want to apply to the court yourself for Consent Orders to be issued.

After you have both agreed on the terms of the Orders you would like the Court to make, the usual procedure when you apply for Consent Orders is:

 



 

  • Two (2) different main documents must be prepared:
    • An Application for Consent Orders;
    • Terms of Settlement (also known as Minutes of Consent);
  • Possible Additional Documents required
    • For Parenting Orders – each party must also sign an Annexure to Proposed Parenting Consent Order;
    • If Superannuation Split Orders – the signed Minutes of Consent must be sent to the Trustee of the Superannuation Fund and the letter in return confirming the Superannuation Fund will comply with the Superannuation Split Orders must be sent to the Court.
  • Once full agreement has been reached the Application for Consent Orders can be prepared;
  • The Application for Consent Orders must be signed by both parties;
  • It is not mandatory to have independent legal advice before the Application is signed, however if a party has had independent legal advice, their legal adviser will also sign the Application;
  • The actual things you have agreed about (Terms of Settlement or Minutes of Consent) will become the Orders the Court will make and so they must be typed up and signed in the same way described for the Application;
  • You must file in the Court;
    • The original and two copies of the signed Application for Consent Orders;
    • The original and two copies of the signed Terms of Settlement
    • The filing fee which at time of last update of this information sheetwas $155.00;
    • If applicable a copy of any Certificate of registration of de facto relationship;
    • Depending on the answers to any questions on the Application form, copies of any documents the Application states are required.
  • If the Court has any concerns or queries regarding the Application and the Orders you are seeking, the Registrar will issue a Notice (which sometimes looks like a letter) and ask you to address those concerns or queries within the time frame they say in the Notice. If you need more time you should write back within that specified time frame and explain why. If the Court does not get a response, they will dismiss your Application, requiring you to start over including paying the fee again;
  • If the Court approves the Orders they will seal the Consent Orders and send a sealed copy of the documents to each person.

 

If we’ve agreed on Consent Orders do I still have to go to Court?

If you have agreed on Consent Orders it is very unlikely you will have to go to Court and appear before a Judge or Registrar.

When you apply for Consent Orders, it is very rare that you have to appear in Court. In almost every case, an Application for Consent Orders will be dealt with by the Court administratively without either party having to go to Court at all.

An Application for Consent Orders is usually an administrative process only.

If the Court has any concerns or queries about whether they should grant the Consent Orders they will usually issue a Notice to the parties detailing those concerns or queries and asking both parties to reply.

 




 

Consent Orders – More Information

There are many advantages to documenting your parenting or property settlement (or both) agreement in Consent Orders. Why doing so may be good for you is explained in our information sheet What are the Benefits of Consent Orders.

It will be important to whether the Court is likely to make the Consent Orders you have agreed upon with your partner. Read more in the information sheet Will the Court make the Consent Orders we agree on.

The basics you need to know about Consent Orders is outlined in the information sheet What are Consent Orders.

You can apply for Consent Orders about issues such as Parenting, Property Settlement and Spousal Maintenance, however there are some issues about which the Court will not make Consent Orders. For more, read the information sheet When can you use Consent Orders.

You should also understand the different options for documenting your property settlement agreement. We discuss this in our information sheet Do I use Consent Order or a BFA to document Property Settlement.

 

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