Consent Order Lawyers in Caloundra
At Ferrall & Co. Lawyers, Principal Rowena Ferrall and our family law team help separating couples formalise agreed parenting, property and financial arrangements through consent orders. From our Caloundra office, we prepare clear applications that reflect what you have agreed and guide you through the Court process. Consent orders can provide certainty when you and your former partner have reached an agreement and want it made legally binding.
What Is a Consent Orders?
Consent orders are legally binding orders made by an Australian family court when both parties agree on arrangements. They can cover children, parenting responsibilities, property, finances, and spousal maintenance. Once approved by the court, they become enforceable, providing greater legal certainty than a private agreement between separating or divorced partners.
What Consent Orders Can Cover
- Parenting arrangements, including where children live and time with each parent
- Property division
- Financial arrangements
- Superannuation splitting
How We Can Help With Consent Orders
- Drafting proposed consent orders
- Preparing and filing consent order applications
- Parenting consent orders
- Property consent orders
- Reviewing an agreement before it is filed
- Financial disclosure and supporting documents
- Negotiating final wording where agreement is close
- Responding to Court requests for further information
- Advice about whether consent orders are the right option
Parenting Consent orders
Parenting consent orders can formalise agreed arrangements about:
- where children live
- time spent with each parent
- holidays
- communication
- changeovers
- major long-term decisions
If the parties cannot agree, the matter may move beyond a consent-order process into a parenting dispute.
Property Consent Orders
Property consent orders can formalise an agreed division of assets, liabilities and financial interests after separation. They may deal with:
- real estate
- savings
- debts
- businesses
- vehicles
- investments
- superannuation
If you have not yet reached agreement about how property should be divided, see our Property Settlement Lawyers page.
What Can Go Wrong With a Consent Order Application?
Even when both parties agree, the Court may need more information or changes before making the proposed consent orders. Common issues include incomplete documents, unclear wording or important financial and parenting matters being left out.
Incomplete Documentation
Missing information can delay an application or lead to further questions from the Court. When filing electronically, an identical unsigned Word version of the proposed orders must also be provided. Applications involving matters such as superannuation may require additional supporting documents.
Unclear Drafting
Consent orders need to clearly explain what each person must do and when. Ambiguous wording can create practical problems after the orders are made or result in the Court asking for clarification before approving the application.
Agreement Does Not Match the Orders
The proposed orders should accurately reflect the agreement reached between the parties. Differences between the application, supporting information and proposed orders may need to be clarified or corrected before the Court can consider making the orders.
Important Issues Left Out
An agreement may appear complete but still overlook practical matters. Property transfers, debts, superannuation or detailed parenting arrangements may need to be addressed. Reviewing the agreement before filing can help identify issues that could otherwise create uncertainty later.
How Consent Orders Work
- Reach an agreement
- Have the agreement reviewed
- Prepare the proposed orders
- Prepare the application
- File the documents
- Court considers the proposed orders
Consent Order Costs and What Happens Next
The cost of preparing consent orders depends on what you have agreed, the complexity of your parenting or property arrangements, and the work required to prepare the application and proposed orders.
At your free 30-minute family law consultation, our team can review where you are in the process, explain what information or documents may be needed and provide a clearer estimate of the legal costs involved. If you decide to proceed, we can then help prepare the documents required for your consent order application.
Ferrall & Co.
Why Choose Ferrall and Co. Lawyers?
- Family law experience: Our team regularly assists with parenting, property and separation matters.
- Clients kept informed: Clients consistently tell us they were kept informed at each stage, not left to guess what was happening with their application.
- Local support: Ferrall & Co is based in Caloundra and assists families across the Sunshine Coast.
- Rated 4.7 out of 5 from 20+ Google reviews: see our reviews
- Clear first step: A free 30-minute family law consultation is available.
De Facto Relationships
Frequently Asked Questions
What is a consent order?
A consent order is a Court order made by agreement between the parties. It can formalise parenting, property or financial arrangements.
Do we have to attend Court for consent orders?
Many consent order applications are dealt with on the documents without the parties attending Court.
Can consent orders cover property and parenting?
Yes. Consent orders can deal with property matters, parenting arrangements or both, depending on the application.
Are consent orders legally binding?
Once made by the Court, consent orders are legally binding.
What is the difference between a parenting plan and parenting consent orders?
A parenting plan records an agreement between parents but is not enforceable in the same way as parenting orders. Parenting consent orders are made by the Court and are legally enforceable.
Can we apply for consent orders if we have already agreed on everything?
Yes. Consent orders are commonly used where the parties have reached agreement and want to formalise it.
What if the Court does not approve our proposed consent orders?
The Court may request further information or require changes before making the orders.