Upon separation, there is a number of difficult issues now former partners need to discuss. The most important ones are likely to fall in one of the following categories:

  • parenting matters, if there are any children from the relationship: who stays with whom, for how long, what with the children do on weekends, etc.;
  • property settlement, or how the joint property will be divided and who will get what; or
  • spousal maintenance – whether any of the parties need it, and if they do, how much it should be worth.

It is not necessary to have long and exhausting disputes over these matters. If you can reach an agreement on any or all of the above matters with your former partner, you can save time and money by applying for special family law related Consent Orders.

An Application for Consent Order consists of two documents:

  1. The Application for Consent Orders

This document is approximately 25 pages long, and both of you will be required to fill it in. You will have to disclose detailed personal and financial information, such as disclosure of all assets and their values. You both need to remember that disclosure of your assets has to be full and frank.

  1. The Minutes of Consent

In the Minutes of Consent you will disclose details of what orders are sought by you and your spouse. For example, you can include details regarding what will happen to the motor vehicle Toyota Hilux, registration 123XYZ.

Be aware that you reaching the agreement with your former spouse does not necessarily mean that it will be accepted in court. The family law Registrar who receives your Application for Consent Orders and Minutes of Consent must be satisfied that the agreed settlement or spousal maintenance arrangements are fair and reasonable, and that the parenting arrangements are in the best interests of the child.

If the Court considers that these conditions have not been fulfilled by the two of you, they can seek further clarification from the parties as to why the Court should approve the agreed terms.

If you want to strengthen your chances for the Application for Consent Orders to be accepted, get in contact with the Withstand Lawyers family law attorneys specialising in consent orders. We will help you understand your legal options and what you need to consider when you want to get consent orders.

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