How to Get a Consent Order: 3 Easy Steps

how to get a consent order | Dandenong Family Lawyers

 

1.      Application Form

The Application for Consent Orders form is a critical document where each party outlines their financial circumstances and parenting arrangements.

This comprehensive form requires detailed information about assets, liabilities, income, and expenses.

Parenting arrangements include details about the children’s care, welfare and development.

The purpose of this form is to provide the court with a clear picture of the current situation and the proposed agreement, enabling the court to evaluate whether the agreement is just, equitable, and in the best interests of the children involved.

🔑 Key Takeaway: Thoroughness and accuracy in completing the Application for Consent Orders Form are paramount to ensure that the court can make an informed decision on the proposed consent orders.

2.      Proposed Orders

This part of the application involves drafting the specific orders you request the court to formalise.

These orders should reflect the agreement reached between the parties on relevant matters, including property division, spousal maintenance, and parenting arrangements.

The clarity and specificity of these proposed orders are crucial as they will dictate the legally binding terms of the agreement.

🔑 Key Takeaway: Clearly articulated and well-drafted proposed orders are essential for the court to understand and approve the agreement.

3.      Notices in Cases Involving Children

When children are involved, the application must include a Notice of child abuse, family violence or risk. This is a mandatory form that must be filed with any Initiating Application, Response to Initiating Application or Application for Consent Orders seeking parenting orders.

This is a critical component of the application, as the court’s primary concern is the safety and well-being of the children.

This notice ensure the court is fully informed of potential risks or issues affecting the proposed parenting arrangements.

🔑 Key Takeaway:  It is essential to include a comprehensive Notice of child abuse, family violence, or risk when filing an Application for Consent Orders. This helps the court assess whether the proposed orders adequately safeguard the safety and well-being of the child and align with their best interests.

Costs Involved In Obtaining A Consent Order

The costs involved in obtaining a consent order in Australia can vary depending on several factors, including whether you engage a lawyer, the complexity of your case, and any additional expenses, such as court fees. Here’s an updated breakdown of potential costs:

  1. Legal Fees: If you decide to hire a lawyer to assist with preparing your Application for Consent Orders, their fees will be a significant part of the cost. Legal fees can vary widely based on the lawyer’s experience, the complexity of your case, and the amount of negotiation or drafting required. Some lawyers may offer a fixed fee for preparing consent orders, while others charge an hourly rate.
  2. Court Filing Fees: There is a fee for filing a consent order application with the court. As of July 1, 2023, the filing fee for consent orders in the Family Court of Australia is $195. It’s important to check the current fee on the Family Court or Federal Circuit Court of Australia’s website for the most up-to-date information.
  3. Additional Costs: If your consent order involves property transfer, there may be further costs such as stamp duty, transfer fees, or mortgage discharge fees. These costs vary depending on the state or territory and the specifics of the property transaction.
  4. Costs for Financial and Other Advice: Apart from legal advice, you might also need financial advice, especially if the consent order involves complex financial arrangements or significant assets. Financial advisors or accountants can provide valuable insights, but will also charge for their services.
  5. Miscellaneous Expenses: Other potential costs include obtaining necessary documents, such as property valuations or financial statements.

It’s important to note that despite these costs, obtaining a consent order is generally much less expensive than going through contested court proceedings. The exact costs will depend on your circumstances, and it is a good idea to get a detailed estimate from a legal professional before proceeding.

What is a Consent Order Application Fee?

A consent order is a legal document that confirms an agreement between parties in a family law dispute.

This could relate to property, finances, or parenting arrangements. The consent order application fee is the cost of filing this agreement with the court for legal approval and enforcement.

As of July 2023, the fee for applying for consent orders in the Family Court of Western Australia is $195. This fee is a crucial part of the process, ensuring that the agreement reached is legally binding.

🔑 Key Takeaway: The consent order application fee is a mandatory cost for legalising agreements in family law disputes, ensuring they are enforceable.

Fee Structure and Changes

The fee structure for family law proceedings, including consent orders, is set by government regulations and is subject to annual revisions.

For instance, the Federal Circuit and Family Court of Australia updated their fees in July 2023, reflecting changes in the cost of filing applications and responses in family law matters.

These updates are essential for parties involved in such proceedings to be aware of, as they can impact the overall cost of their legal process.

🔑 Key Takeaway: Stay informed about the annual fee updates in family law courts to manage your financial planning effectively.

Exemptions and Reductions

Understanding that legal fees can be a burden, the Australian family law system provides avenues for a fee reduction or exemption in certain circumstances.

Individuals holding government concession cards, receiving government support, or demonstrating financial hardship may be eligible for these concessions. This approach ensures that financial constraints do not hinder access to legal processes.

🔑 Key Takeaway: Check your eligibility for fee reductions or exemptions to ease the financial burden of legal proceedings.

Also read: Do Prenups Exist in Australia?

Impact on Legal Proceedings

The consent order application fee, while a relatively small component of the overall legal costs, plays a vital role in the family law process.

It allows for the application to be submitted to a court registrar for their review. If the orders sought by the parties are deemed to be fair, equitable and enforceable, they will be sealed by the court, making them legally binding and enforceable.

This fee and other court costs should be factored into the financial planning of parties involved in family law disputes.

🔑 Key Takeaway: The consent order application fee is a critical step in formalising and enforcing agreements in family law matters.

Also read: My Ex Has a New De Facto – How Does This Affect The Property Settlement Process?

How We Can Provide Assistance

As a family law firm in Australia, we recently assisted a client, a mother, seeking guidance on the consent order application fee. She approached us with concerns about formalising an agreement with the father of her child.

Our team explained that the fee, as of July 2023, was $195, a necessary cost for filing the agreement with the court to make it legally binding. We assessed her financial situation and discovered she was eligible for a fee reduction due to her concession card status.

Our lawyers meticulously prepared her application, ensuring all legal requirements were met. We also provided comprehensive advice on the implications and enforceability of the consent order, ensuring she understood the process thoroughly.

Stay Informed And Seek Legal Advice

The consent order application fee is a key component of the family law system in Australia, ensuring that agreements reached between parties are legally recognised and enforceable.

Understanding this fee and the potential for exemptions and reductions is crucial for anyone navigating the family law landscape.

As with all legal processes, staying informed and prepared is essential for a smooth and effective resolution of family law matters.

Legal Advice Is Paramount

Applying for consent orders is a process that demands detailed and accurate documentation.

The Application for Consent Orders Form, Proposed Orders, and Notices (in cases involving children) are key components that must be carefully prepared and presented.

This comprehensive approach ensures that the court has all the necessary information to assess the fairness and suitability of the proposed agreement, particularly in safeguarding the interests of any children involved. In this context, seeking legal advice becomes paramount.

Hayder

Shkara

Scroll to Top