Consent Orders Lawyers Ipswich

How consent orders work

An application on the papers, considered by a registrar, and sealed if it's just and equitable.

Consent orders are made by the Federal Circuit and Family Court of Australia on the basis of an application both of you sign, together with the proposed orders. Nobody attends court. For property orders the court checks that the division is just and equitable.

For parenting orders it checks that the arrangement is in the children's best interests. If satisfied, the court makes the orders, and from that point they have the same force as any other court order. Married and de facto couples can both use them, and no family dispute resolution certificate is needed for an application by consent.

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Why people choose them

Finality, enforceability and a fraction of the cost of a contested matter.

A consent order finalises a property settlement in a way an informal agreement never can, and it brings finality: final property orders can only be reopened on narrow grounds. It makes transfers practical, including the stamp duty exemption on transferring the family home between separating spouses and the notice a super fund needs to split an interest.

For parenting, it turns a plan both of you intend to keep into an order both of you must keep. And because the court doesn't need a hearing, it's usually quicker and considerably cheaper than any alternative.

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What we do

Draft precisely, file correctly, and handle what comes after.

The value in consent orders is in the drafting. Orders that are vague or miss a step, who pays the mortgage until the transfer, what happens if a refinance falls through, how handovers work in school holidays, cause disputes later.

We draft orders that deal with those details, prepare the application and the supporting information the court needs, respond to any requisitions, and then carry out the orders: property transfers, superannuation notices, and the paperwork that turns a sealed order into a finished settlement.

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Looking for a different family law service?

Family law rarely arrives one issue at a time. Property, parenting, agreements and protection often overlap, so the pages below cover the rest of what we do. If you're not sure where your situation fits, call 0483 980 001 and we'll point you the right way.

Divorce and separation

Property settlement

Parenting arrangements

Binding agreements

Spousal maintenance

Domestic violence

Dispute resolution

Mediation and arbitration

Prenups

Superannuation splitting

International family law

Living arrangements

"I simply can’t thank and commend Richie, Steven, Renata and the whole team at Stanford Financial enough for making my mortgage refinance as smooth as humanly possible."

Dan

Stanford Financial Client

"We are so Blessed with our new Home. Thanks to Stanford Legal, Laura was a joy to communicate with anytime we needed to enquire. Quick, reliable and very Trustworthy."

Katrina Emberson

Stanford Legal Client

"We are beyond grateful for Richie and the team at Stanford! 🙌🏻 Through every hurdle and challenge, they went exceptionally far to help get our application through."

Khirsten Mamangun

Stanford Financial Client

"One thing I always love and look for when choosing people to guide me is how much time and presence they give. They treated us like we were the only client they had."

Dragica Radosavljevic

Stanford Legal Client

"All the team at Stanford were good to deal with. If you're a Veteran struggling to get a loan approved because you're on Incaps, or Super, speak to them."

Stewart S

Stanford Financial Client

"This is the second time we’ve used stanford financial, and once again the experience was outstanding."

Blake Whitehead

Stanford Financial Client

"Phenomenal service. Thank you to the Stanford Legal team for all your help & guidance."

Bryony Winsor

Stanford Legal Client

"I can’t recommend Stanford legal enough. All 3 property sales have been seamless, professional and efficient. The team are amazing and will look after you."

Christie Johnston

Stanford Legal Client

"The team at Stanford Financial are brilliant! I was referred to them by a friend and dealing with them has been a fantastic experience."

Andrew Bell

Stanford Financial Client

"I honestly can't thank the team enough at Stanford Financial, especially Richie and Mitch! They both went above and beyond to get my finance sorted, and they did it all within 24 hours!"

Jamie Harris

Stanfor Financial Client

QUESTIONS

Frequently asked questions

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What happens after consent orders are made?

They're binding on both of you, the same as any court order. Property orders set out who transfers what and by when, and those steps need to be carried out, often with a conveyance or a notice to a super fund. Parenting orders must be followed, and a breach without reasonable excuse can be enforced by the court. If you're unsure what an order requires of you, ask before the deadline rather than after.

Can consent orders be changed or set aside?

It depends on what they cover. Final property orders can only be set aside on specific grounds: fraud, duress, suppression of evidence, non-disclosure, the order becoming impracticable, or exceptional circumstances relating to a child. A change in fortunes afterwards isn't enough. Parenting orders can be reconsidered where there's been a significant change in circumstances and it's in the child's best interests, or by agreement, recorded in new consent orders or a parenting plan.

How long do consent orders take?

Once the application and orders are drafted and signed, the court usually considers them within several weeks to a few months, depending on its workload and whether it raises any questions. The longer part is often reaching and documenting the agreement itself. We keep the drafting tight so the court's part is as quick as it can be.

Do we need a lawyer for consent orders?

You can apply without one, but the orders are final and the drafting determines whether they work. Most problems we see with consent orders come from documents prepared without advice: missing steps, unrealistic timeframes, or terms that are just and equitable on paper but unworkable in practice. Advice before you sign is far cheaper than an application to fix it later.

Consent orders or a binding financial agreement?

Both finalise a property settlement. Consent orders are made by the court, which makes them harder to challenge and simpler to enforce, and they can cover parenting as well. A binding financial agreement is private, doesn't involve the court, and can be made before a relationship ends. For most post-separation settlements consent orders are the simpler tool. We'll advise on which fits your situation.

How consent orders work

Why people choose them

What we do

Looking for a different family law service?

Divorce and separation

Property settlement

Parenting arrangements

Binding agreements

Spousal maintenance

Domestic violence

Dispute resolution

Mediation and arbitration

Prenups

Superannuation splitting

International family law

Living arrangements

Held to the standards the profession sets, not just our own.

Orders that anticipate the next five years, not just the next week

Meet your legal team

Logan Stanford

Victoria Eastwood

Janelle May

Jo-Anne Furlong

Laura Stuart

Ryder Simms-Reeve

Trusted by families across South East Queensland

Frequently asked questions

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