A bit about me!

Clarissa RaywardDirector Brisbane Family Law Centre

Accredited Family Law SpecialistMediator & Collaborative Family Lawyer

Also known as “The Happy Family Lawyer”www.thehappyfamilylawyer.com

How will this work?• Please ask questions

• This is general information and remember you should obtain advice specific to your family

What are we going to cover?1. What is a Consent Order?2. Why would you need one?3. What can they cover?4. What they can’t cover?5. How do you obtain one?6. An Example!7. Can you change or vary

them later?8. Some tips and tricks if you

are preparing it yourself.

What is a Consent Order?

A form of a Court Order, made by the Family Court of Australia that will finalise generally parenting or financial matters between separating couples.

Why do I need one?

-End financial relationship (property/ spousal maintenance)-Provide certainty in parenting arrangements

Note- as a Court Order, does create legal obligations that need to be adhered to

Advantages?

- Quick and Cost effective to obtain ($155 filing fee general cost when prepared by Solicitors between $3,500 to $6,000)

- Provide certainty- Provide you with the

same legal document that a Court would provide at the end of a litigation process

Disadvantages?-Do create legal obligations and they therefore need to be complied with (important to consider this in parenting matters where flexibility may be more important)

-Can be complex to draft if you are doing yourself

-Difficult to vary/ change without further agreement

What can they cover?

1. Financial Matters- Division of Property- Spousal Maintenance

2. Parenting Matters- where children live- Parental responsibility- Specific matters including,

schools, holidays, travel, special days

What they can’t cover?

1.Financial Matters- Needs to be ‘just and

equitable’

2. Parenting Matters- Child support and other

general costs associated with children

How do you obtain one?

1. Reach an Agreement2. Draft documents3. File documents in Family

Court 4. Effect terms of Order

Step 1- Reach an Agreement

How do I reach an Agreement?• Negotiation• Mediation• Collaborative Practice

You should try and have all the key parts of your agreement finalised in bullet points before putting yourself to the expense of drafting the Consent Order

Step 2- Draft Documents

• Application• Order• Affidavit for procedural fairness

(if superannuation split)• Annexure to consent Order

(parenting orders)

A few Tips with Documents

• Legal Advice is recommended but not required• Your signature will need to be

witnessed by a JP or Solicitor• Check and double check your

documents!

Step 3- File Documents

• Very very soon you will be able to do this online! https://www.comcourts.gov.au

• Presently- need to file in person or by post at your nearest Family Court Registry

• Remember to have 1 original and 2 photocopies of each

document The correct filing fee All documents

Step 4- Effect the terms of your Order

• After filing you will receive a ‘sealed’ copy of the Court Order. Once you have this you will need to ensure that you then do all the steps required by the Order.

An Example!

Kassandra, Orlando & 8 year old Glynn!

Property & Parenting so the Documents required are-• Application• Order• Annexure to the Order

Let’s have a look at the documents!

How can you change a Consent Order?

1. Financial Matters- Very hard to change if don’t both

agree to the change

2. Parenting Matters- Can change at any time if both agree- If don’t agree need to show a Court

that there has been a ‘significant change in circumstances for the children’

Some Tips and Tricks

1. Do seek legal advice and assistance with drafting.

2. Remember to include up to date financial information in your Application- it does not need to be ‘perfect’ but don’t leave things out.

3. Think carefully about the Orders you are seeking, particularly for children, sometimes being too detailed is not the best thing.

4. Use headings and treat your headings as a checklist.

5. Make sure you comply with the terms of your Orders, serious penalties can apply if you don’t.

And a Useful Link-

The Family Law Courts Do it yourself Kits

http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Forms/Do-it-yourself+kits/

Any Questions?

Tuesday 21 October 2014

THANK YOU!