Consent orders are one of the most common legally binding ways of organising family law matters. A consent order can cover a property settlement and parenting arrangements.
The process is straightforward if you follow the process correctly. However, some pitfalls can delay the process and cost you time and money.
Let’s look at how long do consent orders take.
How long does a consent order take?
If everything goes well, consent orders can take around two to three months from the initial application to the court registry processing the order. However, a lot can go wrong during the process, creating delays.
Here’s a timeline to follow and common mistakes to avoid.
Seeking legal advice
The first step should be to obtain legal advice. Unlike a binding financial agreement, independent legal advice isn’t mandatory. However, a family lawyer focusing on consent orders can help you establish priorities and understand your rights and entitlements.
Potential delays
It’s crucial to seek legal advice from a lawyer who suits your needs. Communication is one of the key components of a healthy lawyer-client relationship. Avoid lawyers who don’t make themselves available to answer questions and address your concerns.
Also, a lawyer should have experience with cases similar to yours. Some clients have complex cases. If a lawyer hasn’t handled similar cases, they may misstep and cost you time and money.
Negotiation
Once you have met with a suitable family lawyer, the parties involved can meet for negotiations. If you’re dividing finances, remember that the Court uses a four-step process as per the Family Law Act.
The Court needs to identify the marital asset pool, assess the contributions of each party, determine each party’s future needs and make a final assessment of the application’s fairness.
Parenting consent orders consider the child’s best interests above everything. All of your negotiations should target that goal.
Potential delays
Family law negotiations can get heated. You and the other party will often be unwilling to concede on a point. This can cause significant delays, depending on the severity of the impasse. If parents disagree about co-parenting arrangements, remember that your child’s welfare precedes personal vendettas.
There’s an objective process for property orders. This is why a good family lawyer is crucial. Understanding what the Court looks for will make navigating negotiations easier and reduce delays.
Draft the application
There’s a do-it-yourself kit on the Federal Circuit and Family Court of Australia website that simplifies the application. However, we still recommend using a family lawyer to ensure you include all the relevant information.
Potential delays
One reason for applications being rejected is that the Court needs more information. Financial consent orders often require supporting documents. Neglecting this can significantly increase the time required to secure an order.
When organising parenting matters, the Court must be satisfied that all the child’s needs are covered. The Court no longer assumes that equal shared parental responsibility is best.
However, both parents should be involved in catering to their children’s education, healthcare, religious instruction and other long-term considerations.
Related: How to Prepare for a Consent Order?
Filing the application
It’s now time to file the application. Taking the time to draft the application correctly will make this step as simple as possible. Filing consent orders attract a filing fee. Filing fees can be waived if you’re eligible for a financial hardship exemption.
Potential delays
There is a deadline for filing consent orders. Divorcing couples must file their application within 12 months of their divorce order being granted. De facto couples have two years from their separation date to make their application.
You can apply for leave to consider your application after expiration. However, the Court will require you to demonstrate exceptional circumstances to justify the grant of leave. This will add further delays. Bottomline, make sure you meet the deadlines.
Conclusion
The consent order application process has been streamlined by the Family Court’s amalgamation. However, you can still face costly delays. You can minimise these delays by understanding the consent order timeline and recognising common pitfalls.
We offer free consultations if you need help with a consent order