When separated or divorced parties reach a final agreement about parenting arrangements for their children and/or how to divide their assets and debts, these agreements can be reflected in Consent Orders that are then approved by the Family Court. This means that once consent orders are approved by the court they become legally enforceable court orders. This presentation discusses the steps to obtain a consent order and the enforceability of a consent order. The best way to be certain that consent orders are prepared properly is to obtain the advice of a lawyer who is skilled in family law matters. The family law solicitors at Owen Hodge Lawyers offer comprehensive services designed to assist you to reach the best outcome possible. Call us today at 1800 770 780 or contact us via email at ohl@owenhodge.com.au to schedule a consultation with our team of family lawyers. We look forward to assisting you.

1. Presented By Owen Hodge Lawyers
STEP-BY-STEP GUIDE TO
CONSENT ORDERS

2. OVERVIEW
• What are Consent Orders?
• Steps to Obtain Consent Orders
• What does the Family Law Act say about Consent Orders?
• Enforceability of Consent Orders
• Get the Help you Need

3. WHAT ARE
CONSENT ORDERS?

4. When separated or divorced parties reach a final agreement about parenting arrangements for
their children and/or how to divide their assets and debts, these agreements can be reflected in
Consent Orders that are then approved by the Family Court. This means that once consent
orders are approved by the court they become legally enforceable court orders.

5. There are numerous benefits to parties entering into
consent orders, such as:
• Control over the formulation of the agreement and
the ultimate outcome
• Future certainty & security of parenting
arrangements for both parents
• No lengthy courtroom battles which means less
stress and financial strain
• The orders are enforceable by the court if either
parent breaches the orders

6. STEPS TO OBTAIN
CONSENT ORDERS

7. Firstly, you need to enter into negotiations with the other
party in order to reach an agreement. Issues that should be
included in consent orders include the following:
In financial matters:
 Division of matrimonial assets and debts
 Spousal Maintenance
In parenting matters:
 Living arrangements for children including
special occasions & holidays
 Parental Responsibility
 Changeover arrangements
 Overseas travel
 Communication methods
1. NEGOTIATE
AND REACH
AGREEMENT

8. 2. DRAFT
THE COURT
DOCUMENTS
• Once an agreement is reached two documents need
to be prepared. These documents are called an
Application for Consent Orders and Consent Orders.
• It is important to have these documents drafted,
reviewed, and approved by a family law solicitor.
• If the documents are not prepared properly they may
be rejected by the court and/or it may be difficult for
the court to enforce the agreement in the future.
• E.g: when parties agree to super splitting order the
wording of this order in the consent orders must be
approved by the trustee of the superannuation fund.

9. 3. FILE THE
DOCUMENT
AT COURT
• Once the documents have been reviewed and
agreed to by both parties, they must be signed
by both parties and sent to the Family Court.
• A fee must also be paid to the court when the
documents are submitted.

10. WHAT DOES
THE FAMILY LAW ACT
SAY ABOUT
CONSENT ORDERS?

11. • When formulating a parenting and/or financial agreement the parties need to have regard to The
Family Law Act 1975.
• For example, the Family Law Act stipulates that the paramount consideration in every parenting
matter is what is in the child's best interests, and the Act sets out specific factors that need to be
considered when determining what arrangement is in the child's best interests.

12. ENFORCEABILITY OF
CONSENT ORDERS

13. • Consent orders are legally enforceable, and under
the Family Law Act 1975 there are consequences
for any party that does not follow the orders. This is
known as "breaching" or "contravening" the
consent orders.
• It is crucial that a party entering into consent orders
understands their legal obligations, along with the
consequences if they breach the orders.
• The only explanation acceptable to a court for a
party breaching consent orders is if the party
accused of breaching the orders can show they
had "reasonable excuse" to breach the order.
• It is at the discretion of the judge to determine if the
party had "reasonable excuse".

14. • When a consent order is breached, the court will review all
the circumstances of the matter, including whether the
breach was minor or major and how many times the party
has breached the orders.
• The court has the power to penalise a party found to be in
breach of the orders and some of the penalties are as
follows:
 Make up time with the child for the other parent
 An order to participate in a parenting program
 Fines
 Community service
 Incarceration

15. GET THE HELP
YOU NEED

16. The best way to be certain that consent orders are prepared properly is to obtain the
advice of a lawyer who is skilled in family law matters. The family law solicitors at Owen
Hodge Lawyers offer comprehensive services designed to assist you to reach the best
outcome possible. Call us today at 1800 770 780 or contact us via email at
ohl@owenhodge.com.au to schedule a consultation with our team of family lawyers. We
look forward to assisting you.
www.owenhodge.com.au