Application for consent orders
While a court must approve a consent order application, it’s not necessary for you to attend court to file it, as the order can simply be left with the Court Registry. It can then be lodged once you and your formed partner have reached an agreement on whatever matter is at hand, with or without legal assistance.
The consent order application will then be reviewed by the court and if deemed that the terms of the agreement are ‘fair and reasonable’, the order will be approved. The details within the document must adhere to the requirements of the Family Law Act to be approved by a judge and if all is legally sound, then the court will be satisfied.
The final consent orders amount to a legally binding contract between you and your ex-partner, which is enforceable by the court if either party fails to comply with the terms.
Consent orders during court proceedings
If you’ve already started proceedings in court, then you can still settle any (or all) of the disputed issues by asking the court to make consent orders in whatever terms you agree. This can be done at any stage of the process and again, the court will seek to establish that the terms are fair and reasonable before issuing final orders.