Consent Orders NT
Everything you need to know
Why Use Legal Aspirations for your consent orders NT?
At Legal Aspirations, we understand the financial burden that divorce and separation can bring. That’s why we offer affordable alternatives for creating consent orders in the Northern Territory. Our DIY consent order application provides a cost-effective solution for individuals who have reached an agreement on property settlement and want to avoid the expense of hiring a lawyer.
Our consent orders have several advantages, including:
Cost-effectiveness
Save thousands of dollars in legal fees by eliminating the need to hire a family lawyer. Our Do It Yourself (DIY) consent orders allow you to quickly and easily prepare and file your application yourself.
Control
DIY consent orders allow you to have more control over the terms of your agreement. You and your ex-partner negotiate the terms of your consent orders and once you reach an agreement that works for both of you, and are ready to formalise it, our questionnaire ensures all the relevant information is captured to generate your Minute of Consent Orders.
Efficiency
DIY consent orders can be processed quickly, as long as your agreement meets the requirements of the court. As our questionnaire is designed to facilitate this outcome, you can be confident of a smooth and fast acceptance.
Finality
Once your consent orders have been approved by the court, they are legally binding and final. This means that you and your ex-partner can move on with your lives without the worry of future disputes.
Stress Free
The court requires that proposed consent orders follow a specific format (i.e. numbered paragraphs, separate paragraphs for each order sought etc). Separating from your partner is already stressful enough, without having to get your head around the court’s complex administrative requirements. Our personalised DIY Minute of Consent Orders prompts all the required information and automatically generates the Minute in the correct format, making the process easy and stress free.
Create your Personalised DIY Minute of Consent Orders FAST with our interactive questionaire for ONLY $139.95
What is the process for getting consent orders in the Northern Territory?
The process for getting consent orders in the Northern Territory involves the following steps:
Negotiate an agreement:
You and your ex-partner need to negotiate an agreement about the terms of your consent orders. You can do this with or without the assistance of a lawyer.
Prepare your application:
Once you have reached an agreement, you need to prepare your application for consent orders. To apply for consent orders, you will need:
2. A copy of the proposed consent orders you wish the court to make in order to formalise your agreement. This is also known as a Minute of Consent Orders. Without the Minute of Consent Orders, the Application is not a complete application.
3. Supporting Documents – The type of supporting documents required varies depending on your circumstances. Refer to our checklist for detailed information about which supporting documents you may need.
Lodge your application:
What are the costs associated with consent orders NT?
The costs associated with obtaining consent orders in the NT can vary depending on several factors, such as whether you choose to engage a family lawyer or not, the complexity of your matter, and the court fees involved. Some common costs include:
Court filing fees:
There are fees associated with filing an application for consent orders in the Federal Circuit & Family Court of Australia.
The filing fee for an application for consent orders in the Northern Territory (as of 1 July 2022) is $180. In limited circumstances parties may be eligible for a fee reduction or exemption. The fee usually increases on 1 July of each year to keep pace with CPI.
For the latest information on filing fees to make an application for consent orders in the Northern Territory and other applications, visit the Federal Circuit & Family Court of Australia website.
Consent Orders fees with Legal Aspirations (low cost option):
Legal Aspirations provide you with a detailed Application for Consent Orders Form – Complete Guide that outlines in detail the complete process of applying for consent orders. If you would then like to draft Consent Orders yourself, we provide low-cost templates which assist you in drafting the Minute of Consent Orders yourself. We have then gone a step further to help you generate a completely personalised DIY Minute of Consent Orders via our property settlement questionnaire for only $139.95. This is a fraction of the cost of having a family lawyer draft your personalised Minute whilst still achieving intended outcomes.
Legal fees (when needing additional advice):
If you engage a family lawyer to assist you with your consent order application, you will incur legal fees. The costs will depend on the family lawyer’s hourly rate and the amount of work involved. The average hourly rate of a family lawyer in the Northern Territory can vary depending on a range of factors, such as the lawyer’s level of experience and the complexity of the matter.
It’s best to consult with a family lawyer directly to obtain his or her specific hourly rate and discuss any associated fees and costs.
Mediation fees:
If you attend mediation as part of the consent order process, there may be fees involved.
Create your Personalised DIY Minute of Consent Orders FAST with our interactive questionaire for ONLY $139.95
Do I need to comply with special formatting requirements when preparing Consent Orders in the Northern Territory?
When preparing consent orders yourself, you should be aware of the court’s specific formatting requirements to avoid delays in processing your application. Formatting requirements are contained in the Family Court Rules which can be complicated to read. Our sample consent orders already comply with the court’s formatting requirements.
Legal Aspirations provide low cost templates which assist you in drafting the minute yourself. We also have personalised DIY Minute of Consent Orders via our property settlement questionnaire for only $139.95. Both of these options make it easy to comply with the court’s formatting and signature requirements, take the stress out of understanding the red tape and give you peace of mind that your application is compliant.
Do I need to attend court when filing Consent Orders in the Northern Territory?
Parties are not required to attend court to file their consent orders in the NT. When issuing consent orders in the Northern Territory, the court undertakes an administrative process to determine the fairness of the agreement and whether it is just and equitable. Once approved, the court issues sealed orders. For uncomplicated matters, the court generally issues sealed consent orders within one month after filing.
Are there time frames I need to be aware of when obtaining consent orders in the NT?
There are time frames you need to be aware of when obtaining consent orders in the Northern Territory. The time frames vary depending on whether you are ending a marriage or ending a de facto relationship.
End of a marriage:
An Application for Consent Orders must be filed within 12 months of a divorce order becoming final.
End of a De Facto Relationship:
An Application for Consent Orders must be filed within two years of the end of a de facto relationship.
If these time frames lapse and you still want a consent order, you must seek leave of the court to file your consent order application. Leave means permission and is not always granted. You should seek legal advice if you are out of time.
How long can it take for consent orders to be issued by the Family Court in the NT?
The time it takes for consent orders to be issued by the Court varies depending on the complexity of your matter and the workload of the court. On average, it can take anywhere from 4 to 6 weeks for consent orders to be issued from the time of lodgement.
If your matter is particularly complex, it may take longer to obtain consent orders. Additionally, if the court requests that you submit amended or further documents, the process to issue a consent order will take longer, as the court will need time to rereview the matter.
It’s important to note that the court will only issue consent orders once the court is satisfied that the terms of the agreement are just and equitable and in the best interests of any children involved. If the court is not satisfied that the agreement is fair, it will not issue consent orders, even if all parties have agreed.
Create your Personalised DIY Minute of Consent Orders FAST with our interactive questionaire for ONLY $139.95
What is a consent order Northern Territory?
In family law matters, consent orders are used to settle property and parenting matters between parties. They are used when the parties are able to reach an agreement without the need to initiate litigious court proceedings. Once an agreement is reached, it is put into writing and an application is made with the court to make the agreement legally binding. The form of orders is known as ‘Consent Orders’. Consent orders will only be made by the court if the agreement is deemed just and equitable in property matters and in the best interest of the children in parenting matters. As a legally binding order, parties involved in the matter must comply with the terms of the order, and failure to do so can result in legal consequences.
Consent orders can cover a range of matters, including:
Property settlement:
How your property will be divided between you and your ex-partner. Property that can be the subject of consent orders following a divorce or separation include:
- The family home;
- Investment properties;
- Bank accounts;
- Shares and investments;
- Superannuation;
- Motor vehicles;
- Personal belongings and household goods;
- Business assets and liabilities;
- Trust assets and liabilities;
- Debts and mortgages; and/or
- Inheritances and gifts received during the relationship.
The property settlement process is unique to each couple, and not all assets need to be split equally. The court will consider a range of factors to determine whether the property settlement agreement is just and equitable.
Parenting arrangements:
- Where the child/children will live;
- The allocated time each parent will spend with the child/children;
- The decision-making power of one or both parents regarding the child/children; and/or
- Any other matters that concern the child’s/children’s well-being.
Spousal maintenance:
Create your Personalised DIY Minute of Consent Orders FAST with our interactive questionaire for ONLY $139.95
What orders cannot be made via consent orders NT?
Some types of orders cannot be made via the Application for Consent Orders. Orders which cannot be made include child support covered by the Child Support Agency.
Why do we need to get consent orders NT?
Whilst obtaining consent orders following a separation is not legally required, getting consent orders can provide you with certainty and security. Advantages of obtaining consent orders include:
Avoid court proceedings:
Resorting to court proceedings to determine parenting and property arrangements can be adversarial and fraught with conflict for all parties. By reaching an agreement and obtaining consent orders, you can avoid the potential trauma and emotional upheaval to you and your ex-partner that may arise from going to court.
Freedom and control:
Consent orders provide the opportunity for the parties to take the lead in making decisions about future property division and/or parenting arrangements, as opposed to a third party, such as a judge. This affords the parties the flexibility and control to establish arrangements that they feel are best for them.
Avoid future disputes:
Consent orders are legally binding and final, which means that both parties are bound by the terms of the agreement. A clear legally binding agreement ensures clarity and reduces the likelihood of future conflicts about the same issues over and over again.
Enforceability:
As the agreement is legally binding, a party who has been affected by a breach of the terms of the consent orders can initiate enforcement proceedings in court to ensure that the other party complies with the orders.
Cost Effective:
Reaching an agreement and applying for consent orders avoids the cost of engaging lawyers for a protracted court case to settle the issues in dispute.
Time Efficient:
Court cases to determine family law matters can sometimes take years to conclude due at least in part to the considerable number of cases in the Court system. Consent orders are issued by the court in a much faster time frame, as the parties have already reached agreement about the matters in dispute.
Fairness:
A court will only issue a consent order if it considers the agreement is just and equitable in relation to financial matters and in the best interests of the children in relation to parenting matters. Grossly unfair agreements and agreements that are not in the children’s best interests will not be endorsed and issued by the court even if all parties agree.
Closure & Stability:
Formalising the agreement in the form a consent order affords the parties closure and stability. Property settlement consent orders allow you to sever financial ties with your ex-partner which in-turn allows parties to move forward with their lives.
Create your Personalised DIY Minute of Consent Orders FAST with our interactive questionaire for ONLY $139.95
Are consent orders in the Northern Territory legally binding?
Yes. Consent orders are legally binding once they have been made and approved by a court in the NT. This means that both parties are obliged to comply with the terms of the orders. If either party breaches the terms of the orders, the other party can seek enforcement of the orders through the court. Consequences of breaching consent orders can include being found in contempt of court and/or imprisonment in extreme cases.
Can the consent order in the NT be overturned?
It is possible albeit extremely difficult for consent orders to be changed, varied and/or set aside. Some of the very limited circumstances in which a consent order can be varied include:
- Both parties agree to amend the existing consent orders as circumstances have arisen since the orders were made making the original agreement impractical to be carried out.
- A miscarriage of justice by reason of fraud, duress or suppression of evidence.
It’s important to note that simply changing your mind about the terms of the consent orders is not sufficient grounds to have it overturned. It’s essential to seek legal advice before making any application to the court to vary or set aside consent orders.