What Are Consent Orders in NSW?
When couples separate, they often need to work out how to divide property, manage finances, and arrange care for their children. In New South Wales, one of the most common and legally binding ways to formalise these agreements is through Consent Orders. These are orders made by the Family Court or Federal Circuit Court of Australia, based on the agreement of both parties.
Unlike private agreements, Consent Orders carry the same legal force as orders made by a judge after a hearing. This means they are enforceable by the court, giving both parties certainty and protection. At Golottas Solicitors, we assist clients in preparing, negotiating, and lodging Consent Orders to finalise their family law matters quickly and effectively.
Consent Orders Defined
Consent Orders are written agreements approved by the court that deal with either:
- Parenting arrangements for children after separation
- Property settlement and financial matters between separating couples
The orders are made with the consent of both parties, rather than being imposed by a judge after a contested hearing. Once approved, they are legally binding and enforceable.
Consent Orders vs Private Agreements
Some couples choose to make private agreements about parenting or property matters without going to court. While this may seem easier, private agreements are not legally enforceable. If one party later fails to comply, the other cannot rely on the agreement in court.
Consent Orders avoid this risk by providing the same certainty as court-ordered outcomes, without the need for a trial. This makes them one of the most efficient and secure ways to resolve family law disputes.
Types of Consent Orders
There are two main types of Consent Orders in NSW:
Parenting Orders by Consent
These orders cover arrangements for children, including:
- Who the child will live with
- How much time they will spend with each parent
- Parental responsibility and decision-making
- Schooling and medical arrangements
- Special occasions such as birthdays and holidays
When approving parenting Consent Orders, the court’s primary consideration is always the best interests of the child.
Property Orders by Consent
These orders cover financial matters between separating couples, such as:
- Division of property and assets
- Responsibility for debts and liabilities
- Superannuation splitting
- Spousal maintenance
The court will only approve property Consent Orders if they are just and equitable, meaning they are fair to both parties based on their financial circumstances.
How to Apply for Consent Orders
The process of applying for Consent Orders in NSW involves several steps:
- Negotiate the Agreement
Both parties must agree on the parenting or property arrangements. This may involve direct discussions, mediation, or negotiations through solicitors. - Prepare the Application and Orders
A formal application is lodged with the Family Court, along with the agreed draft orders. These documents must be drafted carefully to ensure they are legally binding and enforceable. - File with the Court
The application and draft orders are filed with the Family Court or Federal Circuit Court. - Court Approval
The court reviews the proposed orders to ensure they are in the best interests of the children (for parenting orders) or fair and equitable (for property orders). - Orders Made
If the court is satisfied, the Consent Orders are made and become legally binding.
Advantages of Consent Orders
Consent Orders offer several benefits:
- Legally enforceable: They have the same effect as court orders made after a hearing
- Certainty: Both parties know their rights and obligations
- Cost-effective: Less expensive than going to court for a contested hearing
- Faster resolution: Can be finalised more quickly than litigation
- Flexibility: The parties can negotiate tailored arrangements that work best for their family
- Reduced conflict: Encourages cooperation and minimises stress
Enforcing Consent Orders
Once Consent Orders are made, both parties must comply. If one party breaches the orders, the other can apply to the court for enforcement. For example, if a parent refuses to return a child as required under parenting Consent Orders, the court can issue penalties or vary the arrangements.
For property Consent Orders, enforcement may involve orders for payment, sale of assets, or transfer of property. Having Consent Orders in place makes enforcement far more straightforward than relying on informal agreements.
Can Consent Orders Be Changed?
Consent Orders are intended to provide finality, but in some situations, they can be varied or set aside. This usually requires:
- A significant change in circumstances
- Fraud or misrepresentation when the orders were made
- Hardship to one party or the children
- Non-compliance with the orders
In these cases, an application must be made to the court. At Golottas Solicitors, we assist clients in applying to vary or enforce existing Consent Orders when circumstances change.
Consent Orders vs Binding Financial Agreements
Consent Orders are often compared with Binding Financial Agreements (BFAs), which are another way of formalising financial arrangements after separation. The key differences are:
- Consent Orders: Approved by the court, legally binding, enforceable without further action.
- BFAs: Private agreements signed by both parties, require independent legal advice, and are enforceable through the courts but may be more vulnerable to challenge.
Many clients prefer Consent Orders because they carry the authority of the court and provide greater security.
Why Legal Advice Matters
While it is possible to prepare and lodge Consent Orders without a solicitor, the documents must be drafted with precision. Poorly drafted orders can lead to confusion, unenforceability, or future disputes. Solicitors ensure that:
- The orders are clear, binding, and enforceable
- The court is likely to approve the application
- Your rights and interests are fully protected
- The orders cover all necessary issues to prevent future conflict
At Golottas Solicitors, we have extensive experience drafting Consent Orders for both parenting and property matters, ensuring our clients achieve a fair and secure outcome.
Frequently Asked Questions About Consent Orders
- What are Consent Orders in family law?
Consent Orders are legally binding court orders made with the agreement of both parties. They can cover parenting arrangements for children or property and financial settlements after separation. - How long do Consent Orders take in NSW?
Once lodged, Consent Orders usually take four to six weeks for the court to review and approve, although times vary depending on the court’s workload. - Do I need to go to court for Consent Orders?
No. Consent Orders are made on paper. You do not need to attend court unless there is a dispute about the application. - Are Consent Orders legally binding?
Yes. Consent Orders have the same force as court orders made after a contested hearing and are fully enforceable. - Can Consent Orders be changed?
Yes, but only in limited circumstances, such as a significant change in circumstances or fraud. Applications to vary must be made to the court. - What happens if my ex breaches Consent Orders?
You can apply to the court for enforcement. The court may order compliance, impose penalties, or vary the orders if necessary. - Are Consent Orders better than private agreements?
Yes. Private agreements are not legally enforceable, while Consent Orders provide certainty and legal protection for both parties. - Do I need a solicitor for Consent Orders?
While not legally required, it is strongly recommended. A solicitor ensures the orders are properly drafted, fair, and likely to be approved by the court.
Conclusion
Consent Orders in NSW are one of the most effective ways to resolve family law disputes involving parenting arrangements or property settlement. They are legally binding, enforceable, and provide certainty for both parties. Whether you are separating, dividing assets, or making arrangements for your children, Consent Orders can help finalise matters quickly and fairly.
At Golottas Solicitors, we guide clients through every stage of the Consent Orders process. From negotiating agreements to drafting precise documents and lodging them with the court, we ensure your rights and interests are fully protected. If you need help with Consent Orders, family law matters, or property settlement in NSW, contact our experienced team today for clear advice and strong representation.
