Applying for Consent Orders
When a relationship breaks down, finalising property settlements or parenting arrangements doesn’t always need to involve a long, costly court battle. In Western Australia, one of the most effective and amicable ways to formalise an agreement is through Consent Orders. If you’re wondering how the application for consent orders in WA works, this guide explains the step-by-step process, legal considerations, and when to seek professional assistance from experienced family lawyers in Perth.
What Are Consent Orders?
Consent Orders are legally binding agreements approved by the Family Court. They are used to formalise arrangements between separated couples relating to:
- Parenting and child custody
- Property and financial settlements
- Spousal maintenance
Once approved by the court, Consent Orders have the same effect as a court order made after a hearing.
Benefits of Consent Orders in WA
- Legally Binding: Once granted, Consent Orders are enforceable by law.
- Cost-Effective: They avoid the need for expensive and lengthy court trials.
- Flexible and Amicable: Parties maintain control of the agreement terms.
- Reduces Conflict: Promotes cooperative decision-making between parties.
Who Can Apply for Consent Orders?
Couples who have separated or divorced can jointly apply for Consent Orders. This includes:
- Married couples
- De facto couples
- Same-sex couples
The agreement must be fair, reasonable, and in the best interests of any involved children for the court to approve the orders.
Step-by-Step Process to Apply for Consent Orders in WA
1. Reach an Agreement
Before you can apply for Consent Orders, both parties must come to an agreement. This includes:
- Parenting arrangements
- Division of assets and liabilities
- Superannuation splitting
- Financial support (e.g., spousal maintenance)
It is essential that the agreement is clear, fair, and preferably negotiated with the help of family lawyers in Perth WA.
2. Prepare Legal Documents
There are two key forms required for the application:
- Application for Consent Orders (Form 11)
- Minutes of Consent Orders (outlines the exact terms of the agreement)
Depending on your case, you may need to provide supporting documents such as:
- A copy of your marriage certificate
- Birth certificates of children
- Financial disclosure documents (assets, debts, superannuation, etc.)
3. Lodge the Application with the Family Court of WA
Once the documentation is complete, you must file it with the Family Court of Western Australia. This can be done online or in person. As of writing, the court filing fee for Consent Orders applies (subject to change, always check the official Family Court WA website).
4. Court Review of the Application
The court will assess the proposed orders to ensure:
- They are just and equitable (for property and financial matters)
- They are in the best interests of the child (for parenting matters)
If the judge is satisfied, the Consent Orders will be approved and sealed without either party needing to attend court.
5. Receive the Final Orders
Once approved, the court will return a sealed copy of the orders to both parties. These now carry the full weight of a court order.
What If the Court Rejects the Application?
If the court finds the application lacking in fairness or proper documentation, it may:
- Request further information
- Recommend amendments
- Reject the application outright
In such cases, working with Perth family lawyers can help rectify issues and resubmit correctly.
Consent Orders for Property or Financial Orders
When applying for Consent Orders for property or financial matters, the court focuses on ensuring a just and equitable outcome. This includes the division of:
- Real estate
- Superannuation
- Vehicles and valuables
- Debts and liabilities
The application must disclose all financial information honestly and completely. Any attempt to hide assets can jeopardise the application.
Consent Orders in Family Law Cases Involving Children
In Consent Order Family Law cases involving children, the Family Court prioritises the best interests of the child. The agreement should include details such as:
- Who the child lives with
- Visitation schedules
- Parental responsibilities
If family violence lawyers have been involved in your case, it’s essential to disclose any history of domestic violence, as this significantly influences parenting arrangements.
When to Get Legal Help
While it’s possible to file for Consent Orders yourself, working with skilled family lawyers in Perth WA is highly recommended, especially in complex cases. A legal expert can:
- Draft your application and consent minutes
- Ensure compliance with legal standards
- Help negotiate fair terms
- Provide guidance in cases involving family violence or financial disputes
Key Takeaways
- Consent Orders are an effective, legally binding way to settle family matters post-separation.
- Both parties must agree to the terms before applying.
- The Family Court of WA must be satisfied that the agreement is just, equitable, and in the child’s best interest (if applicable).
- Proper legal advice from family lawyers in Perth ensures your application is thorough, valid, and enforceable.
Final Thoughts
Whether you need to finalise parenting arrangements, divide property, or resolve financial obligations, Consent Orders offer a straightforward path to legal closure. For expert guidance through the application for consent orders in WA, consult trusted family lawyers Perth who understand the intricacies of the process.
If you’re ready to make your agreement legally binding, take the next step by seeking professional legal advice. It’s the most secure way to protect your rights and those of your family.
