Consent Orders

We can draft Parenting Plans, Child Support Agreements, Binding Financial Agreements and Consent Orders – all at an affordable fixed fee.

Consent Orders

When you reach agreement in mediation, we’ll provide you with heads of agreement. Heads of agreement is a written record of the terms agreed, but it isn’t legally binding.

There are circumstances, however, where you will need or may want to make a legally binding agreement with your ex-partner.

Examples include:

  • Where there is a transfer of real property between you and your ex-partner. On a property transfer, stamp duty is payable unless you enter into a Consent Order or Binding Financial Agreement
  • Where there is a superannuation split, the trustee of the superfund will require a Superannuation Agreement, Consent Order or Binding Financial Agreement to implement the terms agreed
  • Where you want certainty and finality, mitigating the risk of your ex-partner making any further claim in the future
  • Where you think you need a more formal agreement with your ex-partner
  • Where the terms of your agreement are long and complex

As family mediators and lawyers, we can help you draw up your agreement – at an affordable fixed price.

A parenting plan is an agreement made in writing, signed and dated between parents. It can deal with a variety of matters including:
  • Where and whom a child is to live with
  • How much time is a child to spend with another person/couple
  • Who will have parental responsibility for the child
  • How will major decisions regarding the care, welfare and development of a child be dealt with
  • How will a child communicate with another person
  • Who will financially maintain a child
  • When should there be a review of the parenting plan, taking into account the changing needs of a child or the parent’s circumstances

Many separating couples agree to put their parenting arrangements in writing. Having a written parenting plan provides clarity and avoids future confusion or misunderstanding as to how the agreement is to work in practice.

It’s also flexible which means it can be changed with consent to reflect changes in a child’s age, development and physical needs, in addition to any of your own change of circumstances.

A parenting plan is not binding nor is it legally enforceable. This means that if your ex-partner reneges on the agreement, it cannot be enforced through the courts.

The family courts can, however, take the latest parenting plan into consideration when making a parenting order, providing it is in the best interest of the child. A parenting order may be varied by a subsequent parenting plan.

  • Decisions and parenting plans made must be in the best interest of the child
  • If it’s in the best interest of the child to spend equal time with each parent and is reasonably practical, parents should consider an arrangement of this kind.
  • If it is not reasonably practicable or it’s not in the best interests of the child to spend equal time with each parent, they should consider the option of an arrangement which involves the child spending substantial and significant time with each parent, provided that this is reasonably practicable and in the best interest of the child.
  • If there is a parenting order in force, the order may include a provision that the order is subject to a parenting plan.
  • Where there is shared parental responsibility for a child, it is preferable that the parenting plan includes provisions as to how parents will consult with one another regarding decisions to be made.
  • It’s preferable to include a process of resolving disputes and for changing the plan to take into account the changing needs of both child and parents.
In parenting arrangements, many parents choose a parenting plan due to the flexibility it affords. However, if you require a more “formal” agreement and require the terms to be enforced, then you might want a consent order.

A consent order is a court order and has the same effect as if the judge had made the order. The consent order will be approved by the court if it is “just and equitable”.

In property matters, we strongly recommend that you make your agreement legally binding and obtain independent legal advice prior to signing. There are a number of benefits of having a legally binding agreement and in some cases, you’ll need to have one – if you want the terms of your agreement to be carried out by a third party for e.g. where there is a super split.

A BFA is an agreement between parties to a marriage or de-facto relationship. It records your agreement detailing the agreed division of assets. Unlike a consent order, it is not lodged with the court for approval. Therefore, even if an agreement is neither just nor equitable, you can still record your agreement and have finality.

It can’t be used to record arrangements for children or child support issues.

Drafting BFA’s, are complicated, time-consuming and must comply with strict requirements of the Family Law Act 1975 to be valid. You must also obtain independent legal advice prior to signing a BFA. Entering into a BFA is more costly compared to a consent order.

There are a number of benefits including:

  • Stamp Duty isn’t payable where there is a property transfer made between a de facto couple or spouse made pursuant to a Consent Order or Binding Financial Agreement under the Family Law Act 1975
  • Provides you with certainty and finality – ensuring that your ex partner does not make any further claim in the future and
  • Where there is a superannuation split, the trustee of the superfund will require a Superannuation Agreement, Consent Order of Binding Financial Agreement to implement the terms.
Yes. As family lawyers and mediators we can draft up your agreement and record that in the form that you choose- all at an affordable fixed cost.

Lets Talk

Speak to our Accredited Mediator for your free 15 minute consult without obligation.

Call Now
BOOK NOW