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If you and your ex-partner agree to final property settlement terms or parenting arrangements, you can file an Application for Consent Orders with the Family Court of Australia to have your agreement endorsed by the Court and made enforceable. While some people prefer to avoid Courts an enter into Binding Financial Agreements, it is recommended that you change the terms of your agreement into Consent Orders which can be filed in Court, without an attendance being required, and the Registrar can approve of the terms at the Registry.


Consent Orders can be completed for parenting and property matters. By comparison, Binding Financial Agreements can only address financial matters.


Consent Orders can be made at any time, even during the proceedings if the disputing parties arrive at an agreement. If there are no Court proceedings on foot, the parties can complete an Application for Consent Orders and a Minute of Consent Orders to be submitted to the Family Court Registry together with payment of the filing fee.


It is important that you carefully prepare the Application and Minute for the Registrar’s consideration. The Application for Consent Orders requires the parties to insert a lot of details about their relationship, financial matters, and parenting arrangements. The Minute of Consent Orders requires properly drafted terms to avoid misinterpretation between the parties. These are just some of the things you need to be mindful of when preparing consent orders.


If you are considering consent orders, please contact an experienced family lawyer at KF Lawyers. We regularly prepare and submit Applications and Minutes of Consent Orders for parenting and property matters. Should you wish to discuss your options, please contact KF Lawyers for a consultation.

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