What is involved in a Brisbane Consent Order?
If you and your former partner/other parent agree to what you want to happen, you can make an application to the court to make your orders by consent. Contact our consent order lawyers today and book a free consultation.
What is a Consent Order and how does it work in Queensland?
- Your lawyer will prepare an application and orders, and they will be sent to the other person (or their lawyer) to check and sign.
- Your lawyer will then sign it with you and file them with the Federal Circuit and Family Court of Australia (‘FCFCoA’) via the online portal.
1. We will see you for an initial consultation.
We use this time to talk through your circumstances, what agreement you proposed to enter into through consent orders, and what you expect to get out of it. We ensure that what you are proposing is going to meet your needs and expectations, that this is the most appropriate and effective way to achieve it, including from a cost perspective, and confirm that you are, in fact, both in agreement. You would be surprised how often clients come to us with an agreement that is actually not quite in agreement. That’s what we will help you with.
2. We will send the other person or their lawyer a letter or email to confirm the agreement.
So that we don’t go drafting an entire agreement and incurring you costs immediately, we will send a letter or email to the other party or their lawyer to confirm the agreement is in order. We set out the main elements of the agreement, particularly the issues we expect might be contentious, and ensure that it is ready to be drafted as proposed.
3. We get your consent orders done!
Once we have confirmation of the agreement, we will draw up the documents, send them to you for review, and then get them over to the other side to review and sign. We will then have them signed by you and filed with the court to get back as soon as able and let you both move on.
There is no set timeframe within which the courts will have your sealed (approved) orders back to you, but it is usually within a number of weeks.
Consent orders are legally enforceable as they are court orders.
You can use them as evidence of parental rights and responsibilities with schools, medical services, and other authorities regarding your children.
You can also use them as evidence for the banks and state authorities if transferring real property (houses) between you. These orders will potentially reduce or remove the cost of stamp duties when transferring properties, which can save you tens of thousands of dollars!