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Property Settlement - Consent Orders

Consent Orders Provide The Certainty Of Court Orders, Without Costly Court Proceedings

Property Settlement Through an Application for Consent Orders

There are several ways to complete a property settlement after separation and decide on any maintenance rights.

An Application for Consent Orders is a joint application that is made to the Federal Circuit and Family Court of Australia.  It can also include child arrangements. As a joint application, the parties must voluntarily agree to complete the application. This application rarely requires physical attendance at Court and is usually determined administratively.

Application Process and Other Requirements

An Application for Consent Order requires the completion of the Court prescribed application form together with draft court orders that propose how the property, financial resources, income, debts, liabilities and superannuation are to be dealt with and for the payment of maintenance if that is appropriate.

As dealing with all the above issues can be complex, many people turn to family lawyers like us to provide legal advice, undertake negotiation, draft the application and file the application on their behalf with the Federal Circuit and Family Court of Australia.

Signing a Consent Order

Am I Eligible to File an Application for Consent Orders?

If you are or were married, you must apply for property settlement and or maintenance rights through an Application for Consent Orders within 12 months of a divorce or both parties must consent to an application if the divorce was granted more than 12 months ago.

If you were in a de facto relationship you must apply within 2 years of separation and have lived in the States or Territories of Australia at least one-third of the relationship (excluding WA).

Is There an Alternative if I am not Eligible to Consent Orders?

If you are not eligible to file an application for consent orders, there are two options available:

  1. A court application to commence property settlement proceedings out of time if you can show that you or a child would be in hardship.

  2. A financial agreement provided the other party consents to a property settlement.

  3. If the other party has died you may be eligible for a family provision claim from the estate under Victorian law.

How Does the Family Court Determine the Application?

The Family Court has a duty to follow the law for property settlements and for granting maintenance.  The law requires that the Family Court only make orders adjusting the property between the parties if it is just and equitable to do so.  

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