Step 1: Get An Agreement
How To Get A Consent Order
Before you can get a consent order, you will need to have a complete agreement with your former spouse. A court cannot make an order by consent unless all parties agree with the order in it's entirety. If there are matters that are not agreed, you cannot expect the court to resolve this for you.
If you cannot reach an agreement, you will need to continue negotiating or lodge an application to the court to have a Judge decide your dispute.
Step 2: Put It In Writing
It is important that you ensure that all aspects of your parenting or financial dispute are dealt with and that you both agree on all parts. For financial matters, you will need to draw up a table of the value of assets and liabilities that are agreed on by both parties. For parenting matters, you will need to list every aspect of parenting, such as how day-to-day decisions are made and who has the children on special occasions.
Step 3: Get Legal Advice
It is important that you speak with a good family solicitor at least once to ensure that the agreement you have reached is fair for you. Even if you do not wish to engage a lawyer to draft your agreement, you should have one consultation with a separation solicitor so you can be sure that you and your family's best interests are looked after. Once you have a binding order, there are only limited reasons it can be varied such as fraud or by consent.
Get a free legal advice session with an experienced family lawyer here.
Step 4: Draft Your Agreement
Download the DIY Consent Orderkit and follow the instructions. There are several requirements that you must address in your orders. For parenting orders, you need to outline parental responsbility, live with arrangements and contact arrangements for each parent. For property orders, you need to specifically deal with every asset and liability and how they will be divided amoung the parties. When drafting financial orders, you need to make sure that the division that you have agreed to is just and equitable or the court will not make the order.
Check out our FAQs, What is Parental Responsibility? for more information on what this means.
Step 5: File Your Documents
You will need to execute the documents and lodge them with your local Federal Circuit and Family Court registry along with the filing fee. The court will then take the time to read through what you have submitted and consider whether they are appropriate. They will then seal the orders and send them back to you. You will then need to action any actions that are contained in those orders.
We are Family Court solicitors who are experienced in providing divorce and separation legal advice in parenting and financial disputes. We have many years experience in court advocacy and dealing with matters involving complicated parenting disputes including matters that require several Family Reports.
Contact us for more information or to book a free legal advice session to find out your options.
This information does not constitute legal advice. You should consult with a lawyer to obtain independent legal advice relevant to your situation.
