Consent Orders in Victoria: What You Need to Know
When a relationship ends, it’s important to finalise financial and parenting matters legally and fairly. In Victoria, many separated couples turn to consent orders to formalise their agreements regarding children, property and finances. But what is a consent order, how do you apply for one, and why is it important to get legal advice?
This guide covers everything you need to know about consent orders in Victoria, including the application for consent orders, what’s involved in the process, and how they relate to parenting arrangements and property settlement.
What is a Consent Order?
A consent order is a legally binding agreement approved by the Family Court or Federal Circuit and Family Court of Australia. It can cover both parenting matters and financial arrangements, including the division of property, real estate, and child maintenance. Once made, a consent order has the same legal force as a decision made by a judge.
Consent orders provide certainty, enforceability and protection for both parties. They’re often used when separating couples want to avoid the stress and cost of a court trial but still want their agreement to be legally enforceable.
Parenting Consent Orders
For families with children, parenting arrangements are a crucial part of separation. A parenting consent order can outline:
- Who the child lives with
- How much time the child spends with each parent
- Parental responsibility (decision-making authority)
- Child maintenance or financial support
- Arrangements for special occasions, holidays, and schooling
These orders can give parents peace of mind and structure, ensuring children’s needs are prioritised.
Property and Financial Consent Orders
A property settlement or financial agreement can also be formalised through consent orders. These may include:
- Division of the property pool, including real estate, vehicles, and bank accounts
- Distribution of superannuation
- Allocation of debts
- Spousal maintenance or financial support
A consent order ensures these arrangements are legally binding and reduces the risk of future disputes.
Why Consent Orders Matter
Even if you’ve made an informal agreement with your former partner, it’s strongly recommended to formalise that agreement through the Family Court. Informal arrangements are not enforceable by law, which means that if one party fails to meet their obligations, there’s limited legal recourse.
Consent orders also offer certainty. Once sealed by the court, they can only be varied or overturned in limited circumstances—such as a significant change in circumstances or evidence of fraud.
Benefits of Consent Orders
- Legally binding and enforceable
- Avoids litigation and court hearings
- Offers long-term certainty and peace of mind
- Saves time and legal costs
- Covers a wide range of financial matters and parenting issues
- Avoids delays in resolution of issues
- Avoids stressful litigation and court attendances
- Better able to keep civil communication with family members.
How to Apply: The Application for Consent Orders
The application for consent orders involves submitting a formal request to the Family Court or Federal Circuit and Family Court of Australia. This is usually done jointly by both parties.
Steps in the Application Process
Here are the steps in the application process for consent orders.
- Seek legal advice – It’s essential to understand your rights and responsibilities before lodging any documents.
- Prepare the documents – You’ll need a) an Application for Consent Orders (Form 11), b) a Minute of Consent Orders – a draft of the proposed orders the court is being asked to make, and c) financial disclosure documentation, where required.
- File the application – Submit your documents to the court. You can file online via the Commonwealth Courts Portal.
- Pay the filing fee – A filing fee applies, although exemptions or reductions may be available in some circumstances.
- Wait for court approval – If the orders are considered to be in the best interests of any children and fair in financial matters, the court will make the orders without requiring a hearing.
You usually won’t need to appear in court unless the court has concerns or questions about the proposed agreement.
Key Considerations When Applying
Legal Advice
Velos & Velos Lawyers with over 45 years of experience believe in clients getting legal advice which is strongly recommended before making an application for consent orders. A qualified family lawyer can help ensure your legal document is fair, complies with Australian law, and reflects your true intentions.
Velos & Velos Lawyers are experts in family law and can assist you with your consent order. Call 03 8379 1000 or use the Contact Form below on this page to discuss your options, including applying for a consent order.
Time Limits
There are strict time limits for applying for property and financial consent orders:
- For married couples, the application must be made within 12 months of the divorce becoming final.
- For de facto couples, it must be made within 2 years of the date of separation.
If you miss these time limits, you’ll need to seek special permission from the court to file late.
Fairness and Disclosure
The court will only approve consent orders if it believes the outcome is fair and just. This includes full disclosure of each party’s financial resources, income, and assets. Any attempt to hide assets or mislead the court can result in the orders being overturned.
Parenting and Property: Can You Apply for Both?
Yes. Your application for consent orders can include both parenting arrangements and property matters, or you can apply for one or the other. Combining both in a single application can save time and costs and provides a comprehensive resolution.
Informal Agreements vs Consent Orders
Some couples prefer informal or verbal agreements, especially when things are amicable. However, these arrangements are not enforceable. If one party later refuses to comply—whether with child maintenance payments or property settlement terms—there may be little recourse.
On the other hand, a minute of consent orders, once approved by the court, becomes a legal document. This ensures both parties are held to their obligations, and enforcement options exist if someone breaches the order.
Special Considerations
Family Violence
In cases involving family violence, additional protections may be necessary. The court will consider any risk to children or other parties when reviewing consent orders. It’s vital to disclose any history of family violence and seek legal advice to ensure appropriate safeguards are included.
Complex Assets
Where large assets, businesses, trusts, or international property are involved, financial arrangements may become more complex. Special legal and financial advice is essential to ensure the division of property is fair, enforceable, and tax effective.
Do You Need a Lawyer?
While it is possible to file for consent orders without a lawyer, most people benefit from legal guidance. A family lawyer can:
- Draft or review the minute of consent orders
- Ensure proper financial disclosure
- Help negotiate a fair division of property
- Address specific parenting matters
- Make sure your legal document aligns with your rights and obligations under Australian family law.
Final Thoughts
Consent orders are an effective way to resolve financial matters, property settlements and parenting arrangements after separation or divorce. They are legally binding and enforceable, and help avoid the emotional and financial strain of court proceedings.
If you’re considering an application for consent orders, seek legal advice early in the process. It’s the best way to ensure your financial agreements and parenting matters are handled fairly, and your rights—and those of your children—are fully protected.
Contact Velos & Velos Lawyers as we are ready and able to help you on all aspects of Family Law and help you settle by reaching Consent Orders. Contact us on 03 8379 1000 or use the Contact link on the page below to discuss your situation and how we can assist you.
