Trusted Consent Order Lawyers in Brisbane

Here are the advantages of a consent order over potentially protracted litigation:

1. Cost Savings
   Consent orders can save parties substantial legal costs by avoiding court appearances and lengthy negotiations associated with litigation.
2. Time Efficiency
   Agreeing to a consent order reduces the time spent resolving their disputes compared to litigation.
3. Reduced Conflict
   Consent orders encourage cooperation and communication between parties. This promotes a more amicable resolution and minimises competition.
4. Legally Binding
   A consent order is legally binding once the Court approves. This means that both parties are legally obligated to adhere to the terms of the agreement. This provides a level of security and enforceability that informal agreements lack.

There are risks associated with getting consent orders. However, with the right approach, they can be mitigated effectively.

1. Inflexibility
   The Court prefers that parties don’t continuously revisit court orders. Therefore, it isn’t easy to have consent orders overturned once they’re in place. Using mechanisms like mediation can help ensure you and your former partner are on the same page when applying for orders.
2. Unsuccessful applications
   Consent orders aren’t as costly as binding financial agreements. However, unsuccessful applications can make your costs add up. It will also increase your time investment. Seeking legal advice to help draft consent orders is crucial. This will reduce the risk of an unsuccessful application. You can also contact the family relationship advice line for free legal advice.
3. Emotional Pressure or Coercion
   In some cases, one party may exert undue emotional pressure or coercion on the other to agree to consent orders. To mitigate this risk, parties should ensure that the agreement is entered freely and voluntarily. If there are concerns about undue pressure, parties can seek legal advice or involve a mediator to facilitate negotiations.

An overview of the steps involved in drafting, negotiating, and lodging a consent order with the Court:

1. Negotiation and agreement
   The parties must first negotiate and agree upon the terms of their consent order. This is often done through their respective legal representatives or alternative dispute resolution methods such as mediation.
2. Drafting the consent order
   Once the terms have been agreed upon, consent orders must be drafted in a clear and legally enforceable manner. Qualified legal practitioners typically do this.
3. Lodging the consent order
   A consent order application must be submitted to the Court for approval. Parties should also include any supporting documents or evidence relevant to their application. You will also need to pay the court filing fee.
4. Court approval
   Once lodged, the Court will review the consent order to ensure the terms are just and equitable in property matters or the child’s best interests in parenting arrangements. If satisfied, the Court will approve and legally bind the consent order.

There are two types of consent orders. Parenting consent orders organise the care of children and mediate co-parenting arrangements. Financial orders determine the fair division of the marital asset pool and financial support like spousal maintenance.

Financial consent orders don’t cover child maintenance or child support. These are handled through a separate assessment process.

Parenting orders

In Australia, the Family Court assesses parenting consent orders within the Family Law Act 1975 framework. It has a primary focus on the child’s best interests. When parents submit a proposed consent order regarding parenting arrangements, the Court evaluates it based on several fundamental principles:

1. Best Interests of the Child
   This is the paramount consideration. The Court assesses whether the proposed arrangements serve the child’s physical, emotional, and educational needs and whether they benefit the child’s overall welfare and development.
2. Equal Shared Parental Responsibility
   Unless there are issues like family violence or child abuse, the law presumes that it is in the best interests of the child for the parents to have equal shared parental responsibility. This means both parents should have a role in deciding major long-term issues affecting the child.
3. Meaningful Relationship with Both Parents
   The Court considers whether the consent order allows for a meaningful relationship with both parents. This involves assessing how the living arrangements and time spent with each parent support this goal.
4. Protection from Harm
   The child’s safety is a critical factor. If there are concerns about violence, abuse, or neglect, the Court prioritises the child’s protection over the benefit of having a relationship with both parents.
5. Views of the Child
   Depending on the child’s age and maturity, the Court may consider the child’s views and preferences. However, these are not determinative but are among the many factors the Court considers.
6. Practical Considerations
   The Court looks at the practicality of the proposed arrangements, including the distance between the parents’ homes, the parents’ capacity to implement the arrangements, and the impact on the child’s daily life.
7. Parents’ Attitude to Parenting
   The Court may consider each parent’s attitude towards parenting responsibilities, including their willingness to facilitate and encourage a close and continuing relationship between the child and the other parent.
8. Other Relevant Factors
   The Court may also consider any other factor it deems relevant to the case’s circumstances.

You can pursue a consent order immediately after separating. However, you must apply within a year of being granted a divorce order. The application must occur within two years of separation for couples in a de facto relationship.

You don’t need a lawyer to apply for consent orders in Brisbane and throughout Australia. The Family Court website has a Do-It-Yourself kit for those wanting to apply themselves. The application process has also been streamlined to make self-applications easier. But we always recommend seeking legal advice regardless. A family lawyer can help you understand the long-term implications of the order and ensure you know all your options.

The Court will generally consider a consent order application within approximately six weeks. You may withdraw a consent order application as long as it is before the Court has considered the matter. You can do so by you or your lawyer writing to the Court requesting the withdrawal.

If the Court has already granted the orders, you must adhere to its terms.

Consent orders can cover parenting arrangements and financial matters. BFAs cannot include clauses covering issues outside of property division or spousal maintenance.

There are also separate legal requirements. A BFA doesn’t include the Court but requires the parties to seek independent legal advice when drafting the agreement. Consent orders must satisfy the criteria set out in the Family Law Act and enforced by the Family Court.

For a detailed guide, check our blog here.