Consent orders are legally binding agreements made under the Family Law Act that formalise arrangements for parenting, property, and financial matters after separation. They have the same legal effect as orders made by a judge after a court hearing, but they are based on an agreement reached by both parties. In this article, we’ll look at DIY consent orders, which have become popular due to the recent cost of living in Australia.
Why DIY Consent Orders?
A DIY consent order allows you to avoid lengthy and expensive legal battles. It gives both you and your ex-partner the ability to create a written agreement tailored to your individual circumstances. For many, this means reduced legal fees, less stress and more control over the outcome.
While you can prepare and file your own consent orders without attending court, it’s essential to obtain legal advice before doing so. Understanding your rights, obligations, and the potential legal effects of your proposed orders is critical to ensuring the agreement is fair, enforceable, and in accordance with the Family Law Act. The Federal Circuit and Family Court of Australia provide resources to assist with this process, including a proposed orders template and detailed instructions.
Understanding The Family Law Act
The Family Law Act 1975 is the central piece of legislation for family law matters in Australia. It governs issues related to parenting orders, property settlements, spousal maintenance and child support. The Act applies equally to married couples and those in a de facto relationship.
The Act prioritises the best interests of the child above all else in parenting matters. For property matters, any agreement must be just and equitable, taking into account each party’s financial resources, contributions, and future needs. Understanding the provisions of the Act is essential when preparing DIY consent orders.
While the Act provides a framework, each case is assessed on its individual circumstances. Seeking independent legal advice will help ensure your proposed consent orders comply with the law and are likely to be accepted by the court.
Compliance With DIY Consent Orders
The Act prioritises the best interests of the child above all else in parenting matters. For property matters, any agreement must be just and equitable, taking into account each party’s financial resources, contributions, and future needs. Understanding the provisions of the Act is essential when preparing DIY consent orders.
While the Act provides a framework, each case is assessed on its individual circumstances. Seeking independent legal advice will help ensure your proposed consent orders comply with the law and are likely to be accepted by the court. It’s essential to consider the Act’s provisions when negotiating and drafting your consent order.
Seeking Professional Help
Even though you are allowed to prepare your own consent orders, legal advice is strongly recommended. A family lawyer can provide legal advice tailored to your situation, help you understand the Family Law Act and ensure your agreement is legally binding.
Independent legal advice is especially important if the issue involves family violence, child abuse, or financial hardship. Legal aid services and the Family Relationship Advice Line do offer free or low-cost assistance, but it is often general advice and may not take into account any complex matters related to your consent orders. This support can help you avoid common mistakes and protect your interests.
While using a lawyer adds to your legal fees, it can prevent costly errors and future disputes. If both you and your ex-partner agree on the terms, a lawyer’s role can be limited to reviewing the agreement and advising on its legal effect.
Property Settlements in Consent Orders
Property settlement is a key component of many consent orders. It covers the division of assets, liabilities and financial ties between separating partners. The Family Law Act requires that any settlement be fair based on each party’s contributions and future needs.
Your consent order can also deal with spousal maintenance and financial support, depending on your financial situation. It’s important to consider all property matters such as superannuation, jointly owned property and stamp duty exemptions that may apply.
A binding financial agreement is another option, but unlike consent orders, it does not require court approval and may carry more legal risk if not drafted correctly. Obtain legal advice to decide which option suits your needs.
Parenting Arrangements in Consent Orders
Parenting arrangements should reflect the best interests of the child. A parenting order included in a consent order can provide certainty for both parents and children by clearly outlining responsibilities such as where the child lives, how much time they spend with each parent and who makes decisions.
Your written agreement should also include details about child maintenance, communication methods and dispute resolution procedures. It’s critical to consider how these arrangements will work practically and to plan for flexibility where needed.
If your agreement is fair, drafted correctly and completed, and considers parental responsibilities and child welfare, it is more likely to be approved by the court without a court hearing.
Filing An Application For Consent Orders
To file DIY consent orders, you will need to complete a consent orders form and an application for consent orders. These are submitted to the Federal Circuit and Family Court of Australia. The filing fee is currently $205, but fee reductions or exemptions may apply if you are experiencing financial hardship.
Ensure that your documents include all the relevant information and that you have followed the proposed orders template provided by the court. Mistakes or missing information can result in delays or rejection of your application.
Although you do not usually need to attend court when filing consent orders, the court will review your application to ensure it complies with the Family Law Act and is in the best interests of any children involved.
Costs and Court Fees
DIY consent orders can significantly reduce court fees and legal costs compared to contested proceedings. However, you should still budget for the filing fee and any costs related to obtaining legal advice or preparing financial documents.
Being thorough and accurate in your application helps avoid extra costs from having to correct or resubmit forms. The court also provides guidance to help you file correctly and manage your expenses.
Negotiating With The Other Party
Reaching an agreement with your ex-partner is the foundation of any consent order. While you can negotiate directly, it may be helpful to involve a mediator or lawyer, especially in complex cases or where emotions are high.
Be prepared to compromise and focus on solutions that benefit both you and your children. Once you’ve reached an agreement, record it in an explicit, written agreement and seek legal advice to ensure it’s enforceable. Including provisions for how you will handle future disagreements can help avoid further court involvement.
Conclusion: Are DIY Consent Orders Right for You?
DIY consent orders may offer a flexible and affordable way to resolve family law matters after separation. They allow you and your ex-partner to formalise a parenting or property agreement without going through a lengthy court hearing. When properly drafted, they carry the same legal effect as court-imposed orders.
However, getting them right is essential. Without legal advice, you risk creating an agreement that’s unenforceable or fails to protect your rights or your children’s best interests. Always obtain legal advice before filing to make sure your consent orders comply with the Family Law Act and reflect your individual circumstances.
Whether you are dealing with property settlements, parenting arrangements or financial support, a well-prepared consent order can provide clarity, legal certainty and peace of mind. With careful planning and the proper guidance, you can take control of the process and achieve a fair and legally binding outcome. Get in touch with our team if you are considering drafting your own consent orders, as we can provide advice at any stage and review your draft if required.