When it comes to making agreements about property, finance or parenthood, there are different ways in which you can formalise that agreement. One popular option is to draft consent order.

This is when two parties come to a mutual agreement and then ask a court to approve their decision. By getting approval from the court, that agreement is now legally binding. If one of the parties breaks their part of the agreement, the court can issue penalties because a consent order was signed. Without a consent order, the court can do nothing to penalise the person who has breached the agreement.

At Maatouks Law Group, we can help you to make a consent order. We can also help you with many other aspects of family law ranging from filing for divorce to arranging child custody.

Why file a consent order?

Consent orders are often much more preferable to court orders. A court order usually occurs when two parties cannot agree, so the court has to decide for them. With a consent order, both parties can agree with themselves.

Many of us come to agreements every day without having to seek approval from a court. Therefore, consent orders tend to be best suited for those important extensive agreements in life where you may not always trust a party to stick to their side of the bargain. Within family law, this may include:

  • Having an ex-spouse agree to pay back a large debt that they may owe.
  • Allowing an ex-partner regular time to spend with children providing that they do not take drugs/drink heavily while in the child’s presence.
  • They allowed an ex-partner to occupy a property that you pay the mortgage on, providing that they keep the property clean and in good condition.

It may be beneficial to talk to a family lawyer about whether you should file a consent order in some situations. At Maatouks Law Group, we have all the expertise you need.


What if the other person and I can’t agree to a consent order?

Consent orders require the mutual agreement of two people. If you or the other party does not want to give their ‘consent’, you may have to argue the case in court and get a court order. In most cases, this isn’t necessary – you may be able to settle your disagreement outside of a court by talking to a solicitor (such as one of our lawyers at Maatouks Law Group) or by talking to a counsellor.

Do you have to be divorced to apply for a consent order?

You do not have to be divorced from a partner to apply for a consent order. However, you do need to be separated. Legal separation is typically classed by two partners living apart. For more information on legal separation, it could be worth getting some legal advice.

Can a court decline consent orders?

There are some instances where the court may decline a consent order. Such instances tend to be when an agreement is not ‘fair and equitable to both parties. Consent orders involving children may also be declined if it feels as if the kids’ best interests are not being put first. At Maatouks Law Group, we can help you determine whether a consent order is likely to be declined and, if so, what measures you may want to take instead.

Can changes be made to a consent order after it is made?

It is not easy to get a consent order undone once it has already been approved. Unless a party can prove that they were forced into agreeing to order, it is usually seen as a mutual legal agreement that cannot be broken. For this reason, you should think very carefully before agreeing to a consent order. Suppose you are already debating agreeing to a consent order. In that case, it could be worth talking to us to help you come to the best decision.

Let us help with your consent order.

We highly recommend booking a consultation with us if you are thinking about filing a consent order. We have experienced and friendly staff who can offer the advice and support you need. Family law is our specialism, and we have been helping to solve legal disputes for clients for 30 years. Currently, we have offices all over Sydney – our main office is in Liverpool. However, we also have offices in Narellan, Penrith and Sydney CBD. So get in touch today to see how we can help. First consultations are free.