Consent Orders: The Complete Guide

Consent orders are court orders made by agreement between the parties. Unlike contested proceedings where a judge imposes decisions, consent orders reflect arrangements you and your former partner have agreed upon, with court approval providing legal backing and enforceability.

Key features:

• Court approval required — The Federal Circuit and Family Court must approve all consent orders, ensuring they meet legal standards.
• Binding effect — Once made, consent orders have the same legal effect as any court order. Breach can result in enforcement action and penalties.
• Legal protection — They prevent future property claims, provide clear legal ownership, and create enforceable rights.

Consent orders are superior to informal agreements (which are unenforceable), binding financial agreements (which can be technically vulnerable), and contested proceedings (which are expensive and adversarial). They can cover property settlement, parenting arrangements, and even divorce — all in a single application.

The Application for Consent Orders (Form 11) is the official court document used to apply for consent orders from the Federal Circuit and Family Court of Australia. It's a comprehensive form that captures your agreement and the information the court needs to assess it.

What Form 11 contains:

• Applicant details — Names, addresses, and identifying information for both parties.
• Relationship information — Marriage/relationship dates, separation date, children's details.
• Financial disclosure — Assets, liabilities, income, superannuation, and financial resources of both parties.
• Draft orders — The specific orders you're asking the court to make, drafted in precise legal language.

Professional preparation significantly increases the likelihood of court approval. Accordly handles the entire Form 11 process — accurately completing all sections, ensuring comprehensive financial disclosure, and drafting orders in the precise legal language courts require.

When reviewing consent orders, the court applies specific legal tests. For property matters, the court must be satisfied that proposed orders are "just and equitable" based on the Family Law Act 1975 section 79 criteria.

The court assesses:

• Contributions — Financial contributions, non-financial contributions (homemaking, child care), initial contributions, and contributions after separation.
• Future needs — Age, health, earning capacity, care of children, standard of living, and financial resources.
• Overall fairness — Whether the division reflects contributions and circumstances, and whether arrangements are practical and workable.

For parenting matters, the children's best interests are the paramount concern. The court considers the benefit of relationships with both parents, protection from harm, and practical considerations like the children's views and the stability of arrangements. Court approval isn't automatic — professional preparation ensures your agreement meets these standards.