FCFCOA Consent Orders provide one of the most effective ways to organise parenting and property orders without going to court. Making arrangements by agreement enables parties to remain amicable, which often leads to more productive co-parenting relationships and a fairer property settlement. Follow these simple steps to ensure your application for consent orders through the Federal Circuit and Family Court of Australia (FCFCOA) is processed smoothly and without unnecessary delays.
Key takeaways
- The Family Court assesses parenting consent orders according to the best interests of the children and the equitability of property orders.
- Make use of mediation to make an agreement before applying for consent orders.
- When drafting parenting orders, prioritise the child’s best interests.
- Property arrangements are best made with professional assistance.
- Financial support is a crucial consideration.
- After drafting the consent order, you can submit it to the Family Court.
- Take advantage of free legal resources to save yourself time and money.
FCFCOA consent orders
The Federal Circuit and Family Court of Australia handles all family law court orders, including those made through an Initiating Application. The Family Law Act governs how the Court makes its determinations when seeking orders relating to parenting, property, or maintenance orders. Once orders are made, the Court will issue sealed copies which serve as the official, legally enforceable documents.
Child's best interests
Parenting orders are based on the best interests of the child. Every other consideration is secondary. The Court aims to prevent children from being exposed to family violence. It will also consider the benefit to the child of having a relationship with both parents and extended family members.
Fair and equitable
Property orders focus on being fair and equitable to both parties. This involves considering the contributions each party made to the marriage and their future needs.
Make an agreement
The first step to applying for consent orders is to make an agreement with the other party. This can be the most drawn-out part of the process. How can you approach negotiations with the best chance of success?
Establish priorities
Both parties should be on the same page in terms of where the disagreements are. This focuses the discussion and makes it more productive. Write down a list of points you want to cover so you don’t miss important matters.
Remain respectful
Think of dispute resolution as a time to come together to find a mutually agreeable arrangement. It is not an opportunity to seek revenge or express anger or frustration. The goal is to work in the best interests of your children, which may involve reaching agreement on Parenting Orders, or to organise a fair asset division through Consent Orders. Approaching the process with cooperation and clarity can lead to better outcomes for everyone involved.
Seek legal advice
Having a family lawyer present can be a significant help during discussions, especially when you’re navigating complex matters such as Parenting Orders, Consent Orders, or a superannuation interest.
A lawyer can ensure that you fully understand your rights and the legal implications of any agreement, whether you are separating from a marriage or a de facto relationship. This support can help prevent you from agreeing to conditions that may not be in your best interests.
Avoiding litigation
If you’re seeking financial orders or Parenting Orders, the Court requires you to first attempt alternative dispute resolution to explore all possibilities for agreement. This applies whether you were married or in a de facto relationship.
You must serve written notice of your intention to seek these orders and invite your former partner to attend mediation with an agreed-upon dispute resolution service. If an agreement is reached, you can apply for Consent Orders by submitting all the documents required to the Court for approval.
How Andrews Family Law can help
Peter provides exceptional service, is understanding and compassionate. He made sure everything was explained, was open and honest and always had my best interests at the forefront.
-Sheree Anderson
Our team is an excellent partner to have during mediation. We provide guidance on a wide range of issues, including orders relating to children, financial resources, and even proposed medical procedures. Our approach to cases prioritises compassion and honesty, ensuring you fully understand your options and can make informed choices.
In complex matters, such as those involving cross vesting laws, we help clarify jurisdictional concerns so you are well prepared. Maintaining a respectful and clear-headed approach throughout mediation is key to achieving the best possible outcome.
Draft consent orders
Once you’ve reached an agreement, it’s time to draft a proposed order. You can find a proposed orders template on the FCFCOA website. Consent orders can be based on existing informal agreements.
Parenting plan
Many co-parents create an informal parenting plan before seeking orders from the Court. While this can be a useful first step, it is important to note that parenting plans are not legally enforceable. To formalise arrangements, parents should consider applying for Parenting Orders or Consent Orders under family law, especially if they were in a de facto relationship.
For a parenting plan to form suitable arrangements, it must cover all aspects of parental responsibility, including where the child lives, decision-making authority, and time spent with each parent. In more complex cases involving multiple jurisdictions, cross vesting laws may also apply. This includes the following:
Where the child will live and at what times.
How special occasions such as birthdays will be handled.
How the co-parents will manage change-overs.
Mechanisms for handling disputes.
How major decisions over the child’s healthcare, education, and religious or cultural instruction will be made.
The Court ultimately prioritises your child’s best interests above every other consideration when seeking orders. Whether you are applying for Parenting Orders, orders relating to living arrangements, or resolving financial matters, all aspects of your plan must be oriented towards promoting the child’s wellbeing.
This includes ensuring stability, appropriate care, and the capacity of each parent to meet the child’s needs. Where relevant, the Court may also consider maintenance orders to support the child or the primary carer.
Property arrangements
Property matters can be difficult to settle informally, especially in cases involving a de facto relationship, family violence, or complex assets such as a superannuation interest. We highly recommend seeking expert assistance from an accountant or a legal representative, such as a private lawyer, to ensure the orders sought reflect your entitlements and obligations under family law. This is crucial for securing your financial future and understanding any taxation consequences that may arise.
When applying for financial orders in the Federal Circuit and Family Court of Australia, you must file draft consent orders, a statement of proposed consent orders, and the following supporting documents, including financial statements and details of any existing orders. In some cases, giving written notice may be required, particularly in certain circumstances where court fall-back procedures apply. Once approved, these orders carry the same force as any made after a hearing. To avoid delays, ensure you prepare all the supporting documents correctly from the outset.
There are three steps you must complete to complete your application successfully:
Disclose your financial position.
Consider how you have contributed to the marriage.
Determine your future needs.
Financial disclosure
Collect all relevant financial information. This may include information regarding:
Bank accounts.
Stock portfolios.
Real estate.
Business interests.
Superannuation interest.
Credit card debts.
Outstanding loans.
It is important to provide a complete disclosure when applying for orders sought in the Federal Circuit and Family Court of Australia. Whether you are in a marriage or a de facto relationship, failing to disclose relevant details such as financial assets, a superannuation interest, or matters involving child abuse or proposed medical procedures may result in delays or even the application being invalidated.
This includes disclosing any plans for medical procedures that affect children or may influence parenting responsibilities. To avoid complications, it is strongly advisable to seek professional assistance from a legal practitioner who can ensure that all legal requirements are properly met.
Contributions
Contributions come in many forms under family law. Financially, providing an income is one of the most visible contributions. However, there is a lot that happens in a relationship that goes beyond money. Non-financial contributions such as caring for the children, running the household, or supporting a partner’s career are also recognised, especially when determining a proposed property settlement. These contributions may be made by one of the child’s parents, a guardian, or even another relative, depending on where the child lives. When preparing supporting documents for Consent Orders, it’s important to consider the taxation consequences of any proposed division of assets.
Whether working with a private lawyer or accessing free services, parties should be aware of their rights and responsibilities. In some cases, cross vesting laws may also apply, especially where matters involve multiple jurisdictions. Always provide written notice when required and consider whether face-to-face discussions or a simple local call might help in resolving disputes early.
Non-financial contributions such as parenting, homemaking and supporting your partner are also recognised under the Family Law Act and can significantly influence the Court’s decisions. If you are a stay-at-home parent, you are still entitled to a fair share of the proposed property pool, which can be formalised through Consent Orders. Your contributions may include:
Child care.
Renovation on the home.
Maintaining the home.
Managing investments.
Future needs
If you’re seeking existing orders for a property settlement from a financially vulnerable position, it’s important to ensure that your future needs are properly considered under family law. The Family Law Act recognises a wide range of financial and non-financial contributions, including those made by a spouse or other relative involved in the day-to-day care of children.
Your interests can be protected through Consent Orders, including orders relating to maintenance and existing orders and other aspects of the settlement. When preparing proposed orders, it is essential to provide sufficient information to ensure the court making the decision upholds procedural fairness. If you and the other party have reached agreement on the following matters, including parenting and financial issues, legal advice can help ensure a fair and lasting outcome. Your future needs can be affected by the following:
Age and health.
Access to financial resources.
Future earning capacity.
Caring responsibilities.
Financial support
When drafting consent orders as part of a property settlement under family law, it is important to consider whether spousal maintenance is necessary. The Family Law Act allows for financial support to assist a party who has the majority of care responsibilities or whose financial circumstances are insecure. Including provisions for spousal maintenance in your proposed orders can help ensure a fair and practical outcome for both parties.
It’s important to note that child support is handled separately from property matters and is not included in consent orders or parenting orders made by the Family Court. Under family law, you should contact Services Australia, the government agency responsible for managing child maintenance, to organise a formal assessment. If the other party does not agree to arrangements, you may still proceed with filing orders; however, be aware that a filing fee applies unless you qualify for an exemption due to financial hardship.
Submit the application to the Federal Circuit and Family Court of Australia
The easiest way to submit your application is online through the Commonwealth Courts Portal. If you are seeking financial orders, there is a filing fee of $200 for Consent Orders. However, if you qualify for a financial hardship exemption, the Family Court may waive this fee. Note that child support matters are handled separately by the Child Support Agency, and are not included in financial orders.
You may also submit your application by emailing it to the relevant court registry. You can find the appropriate registry email on the Family Court website.
Legal resources
If you need assistance completing your application for Consent Orders, Parenting Orders, or financial orders whether arising from a marriage or a de facto relationship you can reach out to the following services:
Family relationship advice line: Provides legal information and assistance navigating dispute resolution. Call 1800 050 321 (a local call from most areas).
Legal aid: Offers legal resources and low-cost or free legal advice to help with preparing your orders sought, including matters involving a superannuation interest or applications in the Federal Circuit and Family Court of Australia.
Conclusion
Making applications in family law matters is best done by agreement. Consent Orders allow parties to settle parenting matters and property arrangements without resorting to litigation, reducing both the time and cost of legal proceedings. Submitting an Initiating Application with sufficient information enables the Family Court to make informed decisions.
Once the court makes a decision, it issues sealed orders or sealed copies, which become legally binding. If you’re also applying for a Divorce Order, this must be done separately, but both processes can proceed through the Commonwealth Courts Portal to streamline your experience.
