If you have reached agreement with your ex-spouse and you want to formalise that agreement and make it binding, you can apply to the court for Consent Orders. You can obtain consent orders about:
- The care, welfare and development of your children (known as parenting orders); and/or
- The division of property or spousal maintenance agreements.
The benefits of Consent Orders are:
- The parties maintain control of the outcome of their parenting and/or financial issues.
- They provide certainty and guidance for ex-spouses following separation.
- They minimises expenses and wasted time in pursuing the matter to a Court hearing, which a judge will decide on their behalf.
To obtain a Consent Order from Court, the following documents must be filed:
- Application for a Consent Order. This requires the parties to disclose their personal information; list their assets, liabilities, financial resources and their values; plus their wages; and any issues with respect to the children.
- Marriage Certificate.
- Agreed Terms of Settlement.
- The parties may also file an affidavit stating that each party has received independent legal advice with respect to obtaining the Orders.
- In some circumstances, a superannuation Information Form.
Once the application for consent orders is filed, the Court then needs to be satisfied the agreement between the two people is sound. The court may not grant the orders that you request if, in considering the facts of the case, it is not satisfied:
- In parenting cases, the orders are in the best interests of the child, and
- In financial cases, that the terms are just and equitable.
In such circumstances, additional information may be required to satisfy the Court that the agreement is in the best interests of both people and any children involved in the process.