Property settlement consent orders
We’ll help you finalise your family law property settlement
Agreeing with your former partner about property division is a significant achievement. However, it’s wise to formalise your agreement with Court orders to protect both of you. It’s a reminder that the agreement terms must be clear.
We’re skilled in negotiating property settlements, including consent orders, and we can help you finalise your family law property issues so you can move on with your life.
Having some basic knowledge is an excellent starting point for working out whether consent orders are right for your situation. Here’s some important information about how property settlement consent orders work.
Get in touch to learn more about how we can help you.
Frequently asked questions about property settlement consent orders
What are property settlement consent orders?
After separation, you may be able to reach an agreement with your former partner about how your property should be divided. This is known as a property settlement.
You can choose to formalise your agreement with a consent order.
A consent order is a Court order where the parties agree on the orders they seek from the Court.
Getting consent orders requires applying to the Federal Circuit and Family Court of Australia (along with some supporting documents). Court staff will review the application and make the orders if satisfied that the terms of the agreement are fair.
Consent orders are both legally binding and enforceable. They end the financial relationship between you and your former partner.
Can consent orders be set aside?
Consent orders are meant to be legally binding and enforceable. However, if you apply to the Court to set aside the orders, there are limited circumstances in which the Court may do so.
Some of the reasons why the Court may set aside consent orders include:
- If there’s a miscarriage of justice, for example, one party acted fraudulently, the other was under duress, or a party was relying on false information when agreeing to the orders
- New circumstances make it impossible to carry out the order (or part of it)
- One party fails to meet their obligations under the order, so it’s only fair for the Court to set aside or change the order
- There are new and exceptional circumstances concerning a child of the relationship or their primary carer, and those circumstances would cause hardship.
- If there’s an order dealing with proceeds of crime that covers the property of the parties or against one of the parties
Are consent orders different from binding financial agreements?
The main difference between consent orders and binding financial agreements (BFAs) is how final they are.
If you and your former partner agree on how to divide your property (known as the “relationship asset pool”), the terms of your agreement can be formalised by either consent orders or a BFA.
Consent orders must comply with family laws, especially the Court’s obligation to decide the financial relationship between the parties. So, if there are property settlement consent orders, they are both legally binding and enforceable.
The consent orders end the financial relationship between the parties once and for all.
On the other hand, BFAs take the property settlement outside the scope of the family laws that would otherwise apply. The parties are left with a contract saying how the relationship asset pool must be divided.
The risk of BFAs is there’s no way to guarantee that the terms of the agreement will be upheld if the Court is asked to set it aside. For this reason, most lawyers prefer to formalise the terms of their client’s property settlement with consent orders.
Can I get consent orders for a parenting matter?
Yes. Parenting arrangements can be formalised with consent orders.
You can either:
- Apply for consent orders for parenting matters alone, or
- Apply for consent orders to formalise both the division of the relationship asset pool, as well as parenting matters
Get in touch
If you’re recently separated and looking for help to finalise property division and parenting arrangements, we can help.
Our experienced family lawyers offer trustworthy, skilled and affordable guidance and will prioritise your best interests.
Get in touch to learn more about our services for parenting and property law consent orders.