consent orders

Following a breakdown in a relationships, it is always advised that parties look to formalise parenting arrangements for children and/or the division of joint property on a final basis. If this can be facilitated amicably, consent orders made in the Family Court offer a binding solution.

application for consent orders

If an agreement is made between parties, Pickering Pendleton can assist in the preparation of consent orders that reflect the parties intentions together with the necessary court documents, including an Application for Consent Orders.

The filing fee for an Application for Consent orders varies from time to time and will be advised when necessary.

Once the Application is approved by a Registrar of the Family Court, the orders will be considered binding and enforceable.

preference for consent orders

Consent orders are always the preferred avenue for achieving an outcome between parties that is binding and enforceable, as it avoids the strenuous nature of litigation.

Consent orders are preferred over mutual agreement between the parties (such as a financial agreement or a parenting plan) as:

  • to make the Orders, the Court must be assured that they are just and equitable, meaning that there is a high threshold to set these aside;

  • consent orders can cover both parenting, property and spousal maintenance;

  • parenting plans are not enforceable; and

  • binding financial agreements have a much higher threshold for enforceability - this includes a requirement for each party to receive independent legal advice and full and frank financial disclosure, which is not necessarily required for consent orders.

breaching consent orders

Consent orders can only be terminated or varied by further Court order or written agreement. If these orders are breached by either party, they have the right to file a Contravention Application.

Click here for more information regarding contravention applications:

Pickering Pendleton is a Sydney based family law firm with experienced lawyers who can formulate a solution to your personal situation. If you require further assistance with the preparation of consent orders, please reach out to us for a free 30 minute consultation.