Family Court Consent Orders Checklist

(for those who were or are still married) or Affidavit of Jurisdiction (for those who were in a de facto relationship in Western Australia).

The Family Court is for families. Therefore, you need to establish jurisdiction and you can do so by providing a copy of your marriage certificate or an affidavit of jurisdiction for de facto couples (for couples within WA) or a copy of your certificate of registration of de facto relationship (for couples outside WA).

Together, this is a complete application. The Application for Consent Orders is available from the Family Court website. Samples of the Minute can be purchased from the Cart or you can have a personalised Minute generated for you using the questionnaire by clicking on Get Started.

Payment is made online through the relevant Family Court website. For applicants in Western Australia, the Family Court uses the eCourts Portal of Western Australia to process documents and payments at https://ecourts.justice.wa.gov.au

The Family Law Rules 2021 requires the filing of a coversheet for some documents. A sample coversheet is available from the Cart.

This is required if you are seeking court orders dealing with real estate.

A small fee is payable for the title search. Title searches are available for purchase from the following authorised Australian land registries:

For Western Australia, go to Landgate www.landgate.wa.gov.au

For New South Wales, go to NSW Land Registry Services www.nswlrs.com.au

For Australian Capital Territory, go to ACTLIS https://actlis.act.gov.au

For Northern Territory, go to NTLIS www.ntlis.nt.gov.au

For Victoria, go to LANDATA www.landata.vic.gov.au

For South Australia, go to Land Services SA www.landservices.com.au

For Queensland, go to QLD Department of Resources www.resources.qld.gov.au

For Tasmania, go to Land Information System Tasmania www.thelist.tas.gov.au

– This is only required if you are seeking Family Court consent orders dealing with companies.

You need to show the Family Court that you are the owner of the company before asking the court to make an order about the company. You can obtain an ASIC search of your company from www.asic.gov.au

This is only required for Family Court consent orders dealing with a private trust. A copy of the trust deed is usually held with your accountant.

Providing the court with your two most recent superannuation member statements is highly recommended for all superannuation splitting orders. If the statements are not lodged with your application, the court may write to you and ask for them.

This is required for all superannuation splitting orders.

Superannuation held in a commercial super fund does not belong to the parties but rather it is held on trust by a trustee for the benefit of its members.

If you want a court order to “split” superannuation from one party’s super fund to the other party’s super fund, you should provide to the Family Court a letter from the superannuation fund’s Trustee which states that the Trustee has no objection to the proposed orders being made.

You can purchase sample templates of superannuation splitting orders (for commercial funds or for self-managed super funds) from the Cart.

If the superannuation fund is a private fund or a self-managed superannuation fund, you can prepare your own letter of consent. A sample letter can be purchased from the Cart.

If you are transferring part or all of one party’s super to the other spouse and you require the letter of no objection from a commercial super fund, a guide on how to obtain the letter is as follows: