What is a Consent Order in Australian Family Law?
Clear Definitions and Easy Steps.
What is Legal Aspirations?
Legal Aspirations is a locally owned Australian business dedicated to improving access to law, particularly family law, for the public. Our focus is to information share how to finalise a family law property settlement between separated spouses who have reached an agreement on the division of their assets.
What is Family Law Property Settlement?
When couples separate, they will sometimes agree and/or disagree on how their assets should be divided. The way that you divide what you own, what your ex owns and what you may both have in joint names is part of a property settlement between the two of you.
Family law property settlement refers to the division of assets and liabilities between you and your ex. You and your ex may or may not have an emotional severance but family law property settlement is about focusing on the financial severance so that you and your ex can move on without being financially tied to one another.
Family law property settlement is for couples who have separated from a marriage or de facto relationship.
What is a Consent Order?
Not all applications to the Family Court of Western Australia and/or Federal Circuit and Family Court of Australia are litigious.
Sometimes couples separate but they have an agreement about property settlement and who gets what. To make the agreement formal and binding, these amicable couples can ask the Family Court to “seal the deal” so that no-one changes their mind about the agreement reached.
Sealing the deal is about turning the agreement into Court Orders.
The Orders are called Consent Orders because they are Orders by agreement.
What are Minute of Consent Orders?
The “Minute” is just the title of the document that eventually becomes the Court Order. The document is the piece of paper that outlines the property settlement agreement that has been reached between you and your ex.
You may hear the terms Minute of Consent Orders or Consent Orders or Property Consent Orders or Financial Consent Orders. These terms refer to the same thing.
What are Superannuation Splitting Orders?
Superannuation splitting orders are Court Orders that divide a person’s superannuation balance.
You and your ex may reach an agreement that one of you will receive a portion of the other person’s superannuation.
If you want this agreement to be implemented, you can do this via a Minute of Consent Orders which includes superannuation splitting orders.
The superannuation splitting orders example can be purchased from our Cart.
What are Financial Consent Orders?
An agreement about property settlement orders between you and your ex that gets turned into Court Orders is your Financial Consent Orders.
You may hear the terms Financial Consent Orders or Minute of Consent Orders or Consent Orders or Property Consent Orders. These are all interchangeable phrases for the same thing.
What is a Consent Order Application?
If you and your ex have reached an agreement about who gets what, then you can make that agreement formal and binding by asking the Family Court to put a stamp on it and seal the deal.
Asking the Family Court to turn your agreement into a binding and enforceable Court Order is done via “application”. The name of the application is a Consent Order Application or Application for Consent Orders. The two mean the same thing.
What if I have more questions?
At Legal Aspirations, we’re here to help!
Our best contact is via email at support@legalaspirations.com.au
We will do our best to answer your queries and guide you through the process of finalising a consent order application. We do not provide legal advice however we can always recommend you to a specialist family lawyer in your area.