Going through a separation is stressful enough without having to navigate a maze of legal paperwork on top of it. If you and your former partner have reached an agreement about how to divide your assets, formalising that agreement into consent orders is an important next step – but one of the first questions most people ask is how long the process actually takes. This guide walks you through the typical processing timeline, the factors that can speed things up or slow them down, and what you can do to give your application the best possible chance of being approved first time around.
Consent orders definition
The term consent orders is used interchangeably with minute of consent orders to describe a set of court orders that reflect an agreement reached between parties.
How long do consent orders take to process in Australia is approximately one month. The one month processing time does not mean that the Family Court will approve the consent orders straight away. How long do consent orders take to process Australia reflects the time it takes before the application for consent orders makes its way to a Family Court Registrar for a review.
Once the Registrar reviews the consent order application, the Registrar may approve the application and consent orders are made or the Registrar may request further information before deciding whether or not to make the consent orders. This request for further information is sometimes referred to as a “requisition”.
If you don’t comply with the court’s request for further information or the requisition, your application for consent orders can be denied.
Typical Processing Timeline
A typical processing time for any application for consent orders and determining how long do consent orders take to process Australia is as follows:
- 4-5 weeks if prepared and lodged via a lawyer specialising in family law; and
- 6-8 weeks if not prepared and lodged via a lawyer specialising in family law.
Lawyers specialising in family law will prepare the application with a view to avoiding a requisition. It is uncommon for specialist family lawyers to get requisitioned however this does occur sometimes. A requisition from the Family Court is more commonly issued when people do not have the guidance of a family lawyer to help them prepare an application for consent orders.
Factors that Affect how Long Consent Orders Take to Process in Australia
The main factors that affect how long do consent orders take to process Australia are:
- Whether the application was completed with the help of a lawyer
- Whether the lawyer completing the application is specialised in family law
- Whether the application was completed without the help of a lawyer
When a lawyer especially one that specialises in family law prepares the application for consent orders, the lawyer will typically foreshadow the various factors and/or issues that need to be addressed in order for the application to be reviewed and approved at the first instance. The first instance is the first time that a Family Court Registrar reviews the application. The result of the review will be to:
- Approve the application and make the consent orders;
- Reject the application and decline to make the consent orders; or
- Issue a requisition for further information before a decision is made to approve or decline to make the consent orders.
Step by Step – How Long Do Consent Orders Take to Process Australia
Step 1 is to file your application.
Your application may consist of some or a combination of the following documents:
- Application for Consent Orders – this form can be downloaded from the Family Court website. The form is updated from time to time and the Family Court is the best source to obtain this form.
- Minute of Consent Orders – The Minute is merely the title of the document that you want the Family Court to convert into binding and enforceable court orders. The Minute of Consent Orders is also sometimes just called Consent Orders. Minute of Consent Orders examples and Consent Orders templates are available for purchase from our Cart.
- Marriage certificate – the Family Court is for families. If you have separated from a marriage, the Family Court will likely require a copy of the marriage certificate to be filed at the time you lodge your application for consent orders. For couples who have come out of a de facto relationship, the Family Court will likely require an Affidavit deposing to the existence (or former existence) of the de facto relationship.
- Title search – The Family Court needs to make sure that any real estate involved in a consent order or minute of consent orders is legally owned by the parties. A title search is how to prove ownership of real estate in Australia.
- Superannuation member statement – Sometimes when couples split up, they reach an agreement about dividing or splitting their superannuation. The Family Court will typically require a copy of the most recent superannuation member statement before the Family Court decides to make an order affecting superannuation.
How long do consent orders take to process Australia will be impacted on whether or not the application has all of the required documents lodged with it so that the bundle filed with the Family Court is complete and provides all the relevant information needed by the court to properly assess the application.
Step 2 is to wait approximately 4-5 weeks for your application to make its way to a Family Court Registrar who will review the bundle of documents filed and assess whether or not to grant the consent orders.
Consent orders are orders made by agreement however the Family Court is not bound or obliged to make any orders that the court considers to be unfair. The Family Court can reject and decline to make consent orders if the proposed orders are not fair. This is why it is best to approach a lawyer specialising in family law to help you with the application if you get stuck.
Step 3 is to comply with the consent orders or attend upon a lawyer specialising in family law if your application is requisitioned.
If you don’t receive a requisition then that is fantastic news and once the consent orders are made, it is a matter of complying with them so that you and your ex can move on with your lives.
Legal Aspirations Templates and DIY Minute of Consent Orders
At Legal Aspirations, we are committed to helping you reduce your legal fees and gain a better understanding of the process to obtain consent orders including how long do consent orders take to process so that you can move on with life without the cost of expensive lawyers doing the work for you.
That’s not to say that you shouldn’t approach a specialist family lawyer to get legal advice on what your entitlements are. When separated couples have reached agreement about who gets what, it can be overwhelming to pay expensive legal fees to get a lawyer to prepare the documentation needed to formalise the agreement into binding consent orders.
Legal Aspiration offers the do it yourself guidance, consent orders examples, consent orders templates and minute of consent orders examples that will help you work through the process of obtaining a minute of consent orders at a fraction of the cost of lawyers.
For more information on how long do consent orders take in Australia, we welcome you to contact us at support@legalaspirations.com.au