Consent Orders (Family Law Agreements)

Consent Orders allow you to formalise your agreement about property settlement or parenting arrangements without going to court.

They are legally binding and enforceable, providing certainty and protection for both parties.

At Clarity Legal Group, our Gold Coast family lawyers can assist with preparation and advice in relation to parenting and property consent orders.

gold coast family lawyer

What are consent orders?

Consent Orders are written agreements approved by the Court.

They can cover:

  • Property settlement (assets, liabilities, superannuation)
  • Parenting arrangements (time with children, decision-making)

Once approved, they have the same effect as a court order made after a hearing.

Why use consent orders?

Consent Orders provide important legal protection.

They:

  • Finalise financial ties between parties
  • Make agreements legally enforceable
  • Reduce the risk of future disputes
  • Can provide stamp duty and capital gains tax advantages (in property matters)

Without formalising your agreement, your financial relationship may remain open.

How do consent orders work?

The process involves:

  1. Reaching agreement between both parties
  2. Preparing formal documents
  3. Filing an Application for Consent Orders with the Court
  4. The Court reviewing the agreement
  5. Orders being made if the agreement is considered fair

There is no need to attend court.

Consent Orders For Property Settlement

For property matters, the Court must be satisfied that the agreement is just and equitable.

This involves considering:

  • Assets and liabilities
  • Financial and non-financial contributions
  • Future needs of each party

If the agreement is not considered fair, the Court may reject it.

Consent Orders For Parenting Arrangements

Parenting Consent Orders formalise arrangements for children, including:

  • Living arrangements
  • Time spent with each parent
  • Communication
  • Decision-making

The Court must be satisfied the orders are in the best interests of the child.

Do I Need A Lawyer For Consent Orders

You are not required to have a lawyer, but it is strongly recommended.

A lawyer can:

  • Ensure the agreement is legally sound
  • Identify risks or issues
  • Draft orders correctly
  • Reduce the risk of rejection by the Court

Mistakes in drafting can delay the process or create future problems.

How Long Do Consent Orders Take

Once filed, Consent Orders are typically processed within:

  • 4 to 8 weeks (depending on Court workload)

Urgent matters may be prioritised in some cases.

What Happens If We Don't Formalise Our Agreement?

If your agreement is not formalised:

  • Property claims may remain open
  • Either party may later make a claim
  • Disputes can arise in the future

Formalising your agreement provides certainty and protection.

Consent Orders versus Binding Financial Agreements

For property matters, another option is a Binding Financial Agreement (BFA).

Key differences:

  • Consent Orders are approved by the Court
  • BFAs are private agreements requiring independent legal advice

The right option depends on your circumstances.

Get Help With Consent Orders

We assist clients with preparing and finalising Consent Orders efficiently and correctly.

We focus on:

  • Clear advice
  • Practical outcomes
  • Minimising delay and stress

Contact our team to discuss your agreement.

Do I have to see a lawyer when separating?

FAQs

Consent Orders are a legally binding agreement approved by the Court.

They allow you to formalise:

  • Property settlement, and/or
  • Parenting arrangements

without needing to go to a hearing.

Yes. Once approved by the Court, Consent Orders are:

  • Legally binding
  • Enforceable
  • Equivalent to a court order made after a trial

Yes. Consent Orders require agreement between both parties.

If agreement cannot be reached, the matter may need to proceed to court.

No. Consent Orders are usually dealt with “on the papers”.

There is no requirement to attend court unless the Court raises concerns.

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Office: Suite 3.4, Level 3, 328 Scottsdale Drive,
Robina, QLD, 4226

Postal: PO Box 4449,
Robina Town Centre, QLD, 4230

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