What are Consent Orders?
The desired outcome of Family Mediation is to reach agreement between parties who no longer wish to conduct an intimate relationship together. The agreement usually involves either how their child/children will be cared for (Parenting Plan) and/or how their assets/property will be divided. It may also involve maintenance for a spouse/de facto spouse or former spouse/de facto spouse (known as spouse maintenance).
If an agreement is reached during the Family Mediation process, this is NOT legally binding. The agreement is to be signed by both parties and then IF they wish the agreement to be legally binding, the agreement needs to be taken to a solicitor who will use the agreement/s as the basis for consent orders.
It is possible for the parties to apply to the Court directly for Consent Orders. However it would be more prudent to seek the services of a solicitor to handle the matter. There may be details that would be safer to address using a qualified legal practitioner.
Consent Orders have the same legal effect as an order made after a Court hearing.
If the parties wish to apply to the Court directly, please click here for the Application for Consent Orders form.