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Consent Orders
When to use an application for consent orders?
The purpose of an application for consent orders is to obtain an order from the Federal Circuit and Family Court of Australia if you have reached an agreement about either of the following:
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Your children;
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Your finances;
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Maintenance for a party to a marriage or a party to a de facto relationship.
Consent Orders have the same legal effect as an order made after a court hearing.
The orders you cannot seek by using an application for consent orders
The following cannot be used to seek orders by application for consent orders:
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Child maintenance for children covered by the Child Support (Assessment) Act, that is, those under 18 who were born after 1 October 1989 or whose parents separated after that date—this is handled by the Child Support Agency which can be contacted on 131 272;
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Declarations about the existence of a de facto relationship;
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Medical procedures;
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Orders under cross vesting laws;
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A parenting order in favour of a person who is not a parent, grandparent or other relative under section 65G of the Family Law Act.
Relevant documents you will need in support of your application
The relevant documents that you will need to complete an Application for Consent Orders includes the following:
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A completed Application for Consent Orders;
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Draft of the order to be signed by the judicial officer, i.e. the first page of the consent orders;
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The signed draft Consent Orders document;
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The parties certification of authenticity of the Consent Orders;
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If applicable, a copy of the part of the Superannuation Information Form completed by the trustee of the Superannuation Fund;
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If applicable, a copy of the waiver notice served on the trustee of the superannuation plan under section 90MZA of the Family Law Act 1975 (Cth), and of any agreement or order creating a superannuation payment flag;
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If you are seeking parenting orders by consent, the applicant must also file a Notice of child abuse, family violence or risk.
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If the parties are in a de facto relationship registered in a state or territory law, you must file a copy of the certificate or other proof of registration;
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If applicable, copies of any existing orders, agreements, parenting plans or undertakings to a court about family law, child support, family violence, child abuse or child welfare;
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If applicable, a copy of a financial or superannuation agreement made under the terms of the Family Law Act 1975 (Cth) that affects any part of the property of the parties.
