When spouses agree on how their property is to be divided following a relationship breakdown, they may file an Application for Consent Orders with the Court. A Consent Order sets out the terms of the settlement agreement.. The Application for Consent Orders is a form that is completed by the parties that sets out their assets, liabilities and financial resources, and a summary of how the matrimonial pool will be divided.
We understand how daunting it might be to file an application for consent orders with the court.
If approved, the Consent Order becomes a legally binding agreement between the parties.
Below are the steps on how to file an Application for Consent Orders with the Court.
1. Register for an account with the Commonwealth Courts Portal at www.commcourts.gov.au
Enter your personal information and create a username and password.
2. Once you are logged in, select start a new file.
3. Download and fill out the Application for Consent Orders and the proposed Order and the Notice of Risk. Scan the completed form and upload it to the Portal.
4. Options such as “New Application on an existing family law file” and “Affidavit and other supporting documents or a response.” are available. If you proceed with these options, you can select a guided or unguided process.
The Guided process assists you in answering the application questions while the unguided process will allow you to simply upload your completed documents in a pdf format.
5. Once you select your option, you will be directed to a new page where you will be prompted to create a new document and what document you wish to file.
6. Select Application for Consent Orders then hit continue. Follow the prompts and fill out the name and description of the document which is Application for Consent Orders. The description should indicate whether it is for a property, parenting, or both. Tick create and follow the prompts.
7. You will be asked to fill in and provide information about the Application for Consent Order. Make sure you complete each section as best as possible. Hit verify and save at the end of each section.
8. Upload the supporting documents and pay a filing fee unless you qualify for an exemption. The exemption application is found on the portal. For a parenting matter you need to make sure that you include the Notice of Child abuse, Family violence or Risk.
9. Upon completion of the application, proceed to the portal and print the sealed copy of your documents for your records. The sealed copies will be available once the documents are accepted for filing, and you will be notified via email once the application has been filed and provided with a file number.
10. The application will be subject to the Court’s discretion. The Court may decline to grant those orders or may simply ask for more information. We recommend that you obtain legal advice if the Court declines to grant your orders or you have any questions.
We understand how daunting it might be to file an application for consent orders with the court. Arbon Legal Group is a law firm that specialises in family law.
We have experience with all types of family law cases, including those that involve Consent orders. If you are considering filing an Application for a Consent Order with the Court, our team can help you every step of the way.
Contact us today to learn more about how we can help you file a consent order with the court.
