Consent orders are a written agreement that are formalised and approved by the Court and thus are legally binding. To file consent orders, the neither you, nor your partner, need to go to court.
Consent orders can deal with the following:
- The transfer or sale of property
- The splitting of superannuation,
- Spousal maintenance.
Please note: consent orders cannot be made about property matters for de facto couples or for child support departure applications.
Consent orders are filed with the nearest Family Law Registry, and there is no filing fee involved. The court must be satisfied that the orders are properly drafted and that the terms of the agreement are "just and equitable", before it will approve them.