Property agreements and parenting agreements
If you have reached an agreement about your property division or the children’s parenting arrangements, you can legally formalise the property or parenting agreement by consent orders. A consent order is a legally binding agreement to divide property after separation or formalise parenting arrangements. It is called an “order” because it is made by the Family Court. You do not have to attend court for a consent order to be made. It is a relatively straightforward and cost-effective way of finalising your property settlement or children’s living arrangements.
Our consent order bundles
If you have an agreement with your former partner about dividing your assets or the children’s parenting arrangements, our Consent Order Bundles are designed to formalise your agreement legally without the need for a court appearance.
We understand that you might be nervous about seeing a lawyer and concerned about how much it will cost you. That is why we are upfront about our legal fees and how we charge. Depending on the property you have and the level of complexity of your agreement, we have three fixed fee consent order options.
The Basics
$3,900 incl GST*
Choose our Basic Consent Orders if you have a single property and superannuation isn’t part of the equation. This bundle includes either (not both):
- Draft Application for Consent Orders and Proposed Orders about property, or
- Basic parenting orders that outline children’s living arrangements, visitation schedules, and special occasion plans.
The Basics + Super
$4,500 incl GST*
Everything that is included in The Basics bundle. However, this is more suitable if you:
- You own more than one property, or
- You are seeking to split superannuation
It's Complicated
From** $4,900 incl GST*
Suitable if included in your property pool is a company, trust, self-managed super fund or more than two property transfers.
Or if you want both property and parenting orders in the one set of orders.
* All fees do not include the court filing fee that the Family Court charges to process the consent orders. The court filing fee is currently $195.
What's included in the fee
- One conference to take your instructions;
- Draft Application for Consent Orders and Proposed Orders and one lot of amendments to the agreement (up to one hour of our time to make amendments);
- Provide you with advice about the proposed consent orders;
- File the Application in the Family Court*;
- Advise you of the next steps once the orders have been made .
What's not included
- Negotiations with your former partner regarding the terms of the agreement (we can help you with negotiations, but this will be at an extra charge).
- Implementation of the orders once they are made. Example: the transfer of a property. You will need to engage a property conveyancer for this. We can give you a referral to a lawyer who can help you.
- All fees do not include the court filing fee that the Family Court charges to process the consent orders.
Frequently Asked Question
We address the common concerns you might have as you navigate the realms of family law. Our aim is to provide clear, straightforward answers to help demystify the legal processes involved. Here are some of the most asked questions in family law in QLD, Australia.
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What are Consent Orders?
If you reach an agreement with your former partner in relation to your property and parenting matters, you can formalise that agreement in a legally binding document called Consent Orders.
Consent Orders, hence, the name, are made with both parties’ consent by way of mutual agreement.
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Are there time restrictions on when you can make an Application for Consent Orders?
An Application for Consent Orders can be filed within 12 months of a divorce order, or within two years from the date of separation in defacto relationships.
You can file an Application for Consent Orders after the above time limitations; however, you will need to seek the Court’s permission to do so.
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Can the Court reject our agreement?
Yes – The Court will review the Application for Consent Orders. If the Court does not consider the agreement to be in the best interests of the child (in parenting matters) or to be a just and equitable settlement (in property matters), the Court can reject your agreement and ask you to provide further information to substantiate your agreement.
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Do I have to go to Court?
You do not need to attend Court to have consent orders made. If the Court is satisfied with your agreement and your application, they will make the orders by consent and provide them to you electronically.
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How do I know what I am entitled to when reaching an agreement?
You can make an appointment with one of our family lawyers who will go through the details of your matter and provide you with advice on what the Court will consider a just and equitable (fair) settlement.
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What if our agreement is not “just and equitable”?
You and your former partner can enter into a Binding Financial Agreement. One of our family lawyers can provide you with advice to determine if this would be relevant to your circumstances. Both you and your former partner must have independent legal advice before entering into a Binding Financial Agreement.
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What are the benefits of Consent Orders?
1. Having Consent Orders in property matters will sever your financial relationship in a legally binding manner with your former partner.
2. In property matters there can be tax and financial benefits of entering into consent orders. (You will need to speak to your accountant about these).
3. Consent Orders in parenting matters creates legal obligations and provides structure of where your child will live. This can take away stress and arguments as everyone knows when it’s their turn to spend time with the children.
4. Consent Orders are a cost effective and relatively straightforward process.
5. You do not need to attend Court.
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What happens if a consent order is breached?
There can be serious consequences for parties that are in breach of Consent Orders. Consequences can include fines and costs orders being made against the non-complying party.
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My former partner and I have reached an agreement, what do I do next?
Contact one of our family lawyers on (07) 4051 7575 or email us on info@cairnsfamilylawgroup.com.au and we can provide you with advice on your agreement or alternatively assist you in negotiating and reaching an agreement.
Getting started
A Step-by-Step Guide to Starting Your Legal Journey
Embarking on a legal journey can feel daunting, but understanding the process can ease the way. Here’s a straightforward guide to what you can expect from your first appointment with us, designed to equip you with the knowledge and confidence to take the next steps.
1. Making first contact
Reaching out is the first step towards resolving your family law matter.
You can connect with us via our website or over the phone. We offer two initial options to get the conversation started: a complimentary 15-minute chat or a comprehensive one-hour consultation for $450.
Both provide a safe space for us to understand your unique situation.
2. Preparing for your consultation
While it’s natural to feel anxious about your first meeting with us, we aim to make the process as smooth as possible.
Our office offers ample parking options, and we kindly request you inform us in advance if you plan to bring a support person. Although we understand the inclination to bring children, our office isn’t equipped for child care.
3. During the consult
This one-hour session is your opportunity to share your story and goals and for us to ask clarifying questions.
Whether your matter pertains to property or parenting, expect a thorough discussion aimed at understanding the details.
Don’t worry if you don’t have all the answers yet; this is just the starting point.
4. What comes next
At the end of your initial consultation, we’ll discuss the most effective next steps tailored to your situation.
We’ll outline your options and provide a clear strategy to move forward.
If you decide to continue working with us, we’ll go over our fee structure and what you can expect as we delve deeper into resolving your matter.
5. Stepping forward with confidence
Following your first consultation, should you choose to engage our services, we’ll provide you with a cost agreement and disclosure notice detailing our fees and terms.
We believe in encouraging a collaborative environment where you’re not just a client but an informed participant in your legal journey.
With our expertise by your side, you’ll have the resources and strategies to make confident decisions and progress towards a resolution.
Want to meet the team? Book a consult and let's chat
Our team
Meet the dedicated professionals who make Cairns Family Law Group your trusted ally in navigating family law. Each member of our team not only brings legal expertise but also a genuine commitment to understanding your unique situation.
Together, we focus on equipping you with the knowledge to make informed decisions that positively shape your future.
For a deeper dive into the expertise and ethos that each team member brings to your case, click below.
