Commonly asked questions about consent orders

No. You can file an application for consent orders at a family law registry, or electronically on the Commonwealth Courts portal. Currently the fee is $160.

The court will not automatically make the consent orders you have agreed upon. Seeking legal advice can help you to ensure that you have given due consideration to all of the relevant issues, and that nothing has been missed. A lawyer will assist you to make an agreement that is fair and just, and advise you about the court’s likely response, particularly regarding the best interests of children.

It means that the agreement you have made is binding and legally enforceable. It means that there can be no misunderstanding in the future, or areas for dispute if one person changes their mind. If your former spouse or partner breaches a consent order, there will be a penalty, the nature of which will depend on whether the breach was minor or major. For example, for serious breaches the court could order them to pay a fine, or legal costs, or to compensate you. It could even result in a prison sentence.

An application for consent orders in relation to a property or financial settlement must be filed within 12 months of a divorce, or within two years of a de facto relationship breaking down.

If there are any concerns about your application, then the Registrar will issue a notice asking you to address the concerns within a specified time frame. Failing to respond to the notice will mean that your application is dismissed.

A parenting plan is an informal agreement between two parties about matters affecting children of the relationship, such as where they live and the responsibilities of each parent. Unlike consent orders, parenting plans are not binding or legally enforceable. Obtaining consent orders formalises the agreement and makes it legally enforceable.

Our experts

Postcode

News

Dangers of changing your home ownership structure in your senior years
05 Oct
Parents and grandparents are coming under increasing pressure to use their home to help ...
Read More
If the wedding’s off, who keeps the engagement ring?
04 Oct
Well, the wedding is off. Love fled when the couple got to know each other better and it ...
Read More
Beware increased government fines for privacy breaches
26 Sep
Companies should be aware of laws governing privacy breaches, consumer rights and the ...
Read More
Marriage, divorce and decree of nullity – what is the law in Australia?
10 Aug
Can a marriage be legal if your new wife or husband refuses to have sex with you – not ...
Read More
What happens after separation?
27 Jul
Family separation is a very difficult time for everyone involved, and to make it worse, ...
Read More
Checklist: practical steps to take on separation or divorce
01 Jun
Going through a separation can be a challenging process. As well as attending to the legal...
Read More
The lighter side of the law: when law and comedy collide
03 May
On the face of it, there doesn’t seem to be much that is amusing about the law. ...
Read More
“Help! My ex won’t let me see my children. What can I do?”
02 May
A client recently expressed his family law dilemma: "She won't let me see my kids, what ...
Read More
Hornsby law firm Collins & Thompson broadens horizons by joining Stacks Law Firm
03 Apr
Hornsby law firm Collins & Thompson is broadening its horizons by joining Stacks Law ...
Read More
“Not guilty Your Honour, I was sleepwalking when I did it”
31 Mar
A 21-year-old Coffs Harbour man was recently found not guilty of breaking into a nearby ...
Read More
Pursuing a breach of property orders in family law
17 Mar
A client recently asked about her family law situation and her former partner: "He ignores...
Read More

Why Stacks


No hidden fees
Nobody likes surprises on their bills, so we take the time to agree with you exactly what our work will cost before we do it (not after!)

Deep expertise
Our lawyers aren’t ‘general practitioners’, they’re experts in their chosen fields of practice (many are Accredited Specialists)

Practical advice not legalese
We provide clear, practical advice, in plain English, so that you can make decisions with confidence


Over 25 local offices
Our local offices are owned and operated by friendly, local professionals, who are proud and active members of the communities they serve

Real client care
Genuine care for clients has been at the core of our practice since the first office was opened by ER Stack on the NSW Mid-North Coast in 1931

Progressive practice
We invest in technology and systems so that our services are always cost effective and clients are in control of their own legal affairs

More about our promises

Get help now

It's easy to get help, just tell us your story and we'll help you understand all your options. If you’d like us to help, we’ll agree exactly the work you'd like us to do up front so that you can be certain about our costs.

Your enquiry is completely confidential.

Fill out this form and one of our experts will contact you
within one business day

By submitting this form you agree to the terms of our Privacy policy

Need help? We’re here to assist