A Consent Order is an agreement which has been made between separated or divorced couples, approved by a Registrar from the Family Court or Federal Circuit Court and made into an Order of the Court. The agreement can be about property settlement, children's issues or spousal maintenance.
Consent Orders can be filed even if there are no other Court proceedings on foot or if an agreement can be reached at any stage during the Court proceedings prior to hearing. Couples can reach an agreement about property settlement and parenting arrangements without having to apply for a divorce. Once a marriage has been dissolved, parties can make an Application for Consent Orders in relation to parenting arrangements at any stage in time. However, applications in respect of property settlement must be made within twelve months of the divorce becoming absolute.
By reaching an agreement by way of Consent Orders it can be beneficial in that you can retain control over your situation. You do not have to go to Court, thus avoiding the uncertainty, stress, anxiety, time and costs associated with litigation through the Court process. Having reached the agreement yourself and having the agreement made into an Order, you also have peace of mind that your agreement is in fact a Court Order which can be enforced if required.
In the event that the parties are unable to reach an agreement and thus an application is made with the Court for Orders, then Final Orders will be made by the Court in relation to either a property settlement or children's matter.
Alternatively, if after proceedings are commenced and the parties are able to reach a settlement, Consent Orders can be made during Court proceedings, but filed prior to a hearing.
Interim Orders can be made in relation to either property settlement or children's matters.
Interim Orders are usually made in urgent cases and remain in place until further Orders of the Court are made or final Orders are made. In order to make an application for Interim Orders, you will have had to of filed an application for Final Orders either at the same time or prior to the application for Interim Orders being made.