Consent Orders

What are Consent Orders?

A consent order is a written agreement that is approved by a Court. A consent order is legally binding as if it has been made by the Court after a court hearing. A consent order may cover parenting arrangements for children and/or financial arrangements such as property division and maintenance.

What consent orders can be made by the Court?

There are two categories of consent orders that can be made by the Court. These include parenting orders and financial orders. Parenting orders are orders relating to the person whom the child lives, the times that a child may spend with, child maintenance, and other aspect of parental responsibility. Financial orders are orders relating to spouse maintenance, de facto partner maintenance, and property settlement.

What consent orders cannot be made by the Court?

You should also be aware that certain consent orders cannot be made by the Court. For instance, the Court cannot make a parenting order in favour of a person who is not a parent, grandparent or other relative. As well as orders concern child maintenance for children covered by the Child Support (Assessment) Act and medical procedures.

How can we help?

You are not required to negotiate the terms of the agreement in the presence of a lawyer or to receive independent legal advice prior to signing the consent orders. However, due to the nature of consent orders, you should always obtain independent legal advice on the effect and consequences of the orders you propose.

Please do not hesitate to contact us for any enquiries on consent orders.