Consent Orders
Legally Binding Parenting & Property Agreements
Consent Orders are a cost-effective, legally binding option to formalise property and parenting agreements after divorce or separation, without the need to go to court.
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Local, Family Run Firm
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20 + Years Family Law Experience
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Accredited Mediators
Formalise your parenting and property agreements with legally binding consent orders
Reaching an agreement about how property is divided and care arrangements for your children are some of the most important steps after a significant relationship ends. Consent Orders offer peace of mind and certainty, ensuring that agreements reached are clearly defined and legally binding.
Drafting practical, workable consent orders after divorce or separation
Deciding on how to split assets, making financial arrangements and working out care and decision-making responsibilities for your children after a marriage or de facto relationship ends can be challenging, but are a necessary part of the separation process. Once decisions are made, through negotiation, Mediation or Collaborative Law processes, they can be made into Consent Orders.
Consent Orders are drafted and lodged with the Federal Circuit and Family Court of Australia, where they will be reviewed by a court registrar. The registrar will assess parenting arrangements to ensure they are in the best interests of the children involved, which are outlined in section 60CC of the Family Law Act 1975 (Cth). They will review property agreements to ensure they are just and equitable, and align with the principles set out in section 79 of the Family Law Act 1975 (Cth) for married couples, or under section 90SM for de facto couples.
In most cases, the courts will approve the orders, or request more information or small changes where required before approval. You don’t need to attend court to have these orders made, and once the court has approved them, the orders come into effect.
A straightforward solution to finalise your family law matters
In Australia, there are a few different ways to finalise family law agreements, depending on your personal circumstances and preferences. Informal agreements such as parenting plans or written agreements are used in some cases, but don’t offer any legal enforceability if either party changes their mind. For financial matters, informal agreements can also leave the door open to future claims down the road.
Binding financial agreements are another way to finalise property settlement, and offer parties more privacy and flexibility, but also require more detailed drafting. Consent Orders are useful because they are cost-effective, and can be used for property, parenting, superannuation splits and spousal maintenance agreements. They can be made on an interim (short-term) or final (long-term) basis, depending on your circumstances.
If you’d like to find out more, get in touch with the team at Walkden Law & Mediation today, to find out how to get started.
Our Family Law Services
Providing clear and practical legal guidance across all areas of family law, focused on achieving fair and workable outcomes.
Divorce & Separation
Guiding you through divorce and separation with practical advice, clear communication and support to help you make informed decisions and move forward with certainty.
Parenting Matters
Developing practical parenting arrangements that protect your children's wellbeing and support positive co-parenting long after separation.
Property Settlement
Resolving property and financial matters with practical advice focused on protecting your interests and achieving a fair and lasting outcome.
Binding Financial Agreements
Preparing well-structured binding financial agreements to protect your assets, reduce future disputes and provide greater financial certainty.
Consent Orders
Drafting practical consent orders to formalise your parenting and property arrangements for long-term peace of mind.
FDR & Mediation
Helping you resolve family law disputes through constructive negotiation using Mediation and FDR, reducing conflict while working towards practical agreements.
Consent orders for parenting matters
Consent orders are an effective way to make parenting arrangements legally binding. They can outline care arrangements, long-term decision-making responsibilities (such as education, health and culture), changeovers and communication. They can also set out what happens on school holidays, birthdays and special occasions, as well as address what is required if parents are travelling interstate or overseas.
To draft consent orders, parents first need to make arrangements, which is often done through discussions, in mediation or with lawyer-assisted communications. A parenting plan or written agreement forms the basis of the orders, and this is then drafted into a format that is acceptable for the courts. Agreements need to be clear, practical and actionable to ensure both parties have clarity about expectations.
Whether you are in the early stages of discussions about parenting matters, or want to have an existing agreement drafted into a consent order, our team can help you to achieve your goals.
Consent orders for property matters
Consent orders for property settlement can cover most financial agreements made between separating parties, except for child support. They can include property and financial transfers, spousal maintenance and also orders for superannuation splits.
Most people reach an agreement through private discussions, lawyer-led negotiations, mediation or with processes like Collaborative Law, which allows separating couples to work with a supportive team of lawyers, and other specialists like accountants, to decide on the best way to divide assets.
If you need assistance with negotiations, or are ready to formalise your property settlement with consent orders, get in touch with our team today.
Meet our Team
Our trusted team of family lawyers and mediators serve the local community with support and representation across all divorce, separation and family law matters.
Principal Solicitor Insight
“I often ask separating couples - so how is this going to work? Do you want a judge, or you two, to decide? What do you think is going to work? Most matters can be resolved, in your own hands. Going to court is like asking an umpire to make a decision, you may not like it.”
Paul Walkden - Principal Solicitor at Walkden Law & Mediation
Recently had new wills completed at Walkden Law and the process was professional and simple. We were given detailed information on what we need to consider when making decisions about a Power of Attorney and Enduring Guardianship. Annabelle was knowledgeable about how to avoid difficult scenarios we have seen in our extended families and how to avoid them. Highly Recommend!
Debbie
HIGHLY RECOMMENDED!! I went to Walkden Law for a fence dispute, and it was sorted out so quickly and easily - I was honestly amazed. Annabelle & Susan explained everything clearly. While I was there, they also gave me some really helpful info about updating my will, which I’d been putting off for ages. Highly recommend if you’re after a legal team that actually cares, knows their stuff, and makes things simple!
Nicole
"Highly recommend" Walkden law and mediation. The whole team are super professional and they have taken the stress away and made every experience run smoothly. Over the years I have had different situations which required both family & property legal matters. What's amazing is that it's a family run business and it's all in one spot! I have been extremely happy every single time! Thank you Susan, Grace and Paul for everything. #TEAMWALKDENLAW
Bella
Testimonials
Hear from some of our happy customers
Our Process
Step #1
Free Initial Consultation
We’ll take the time to understand your story and goals, provide clear advice on your options and ensure you have realistic expectations of the legal process.
Step #2
Proposal & Next Steps
Once we have a clear idea of your matter, we’ll outline the work ahead and provide transparent costs so you can proceed with certainty.
Step #3
Resolution & Move Forward
We’ll manage your matter through to a resolution, so you can move forward with the next chapter of your life.
