An application for consent orders can be made to the court when parties have reached an agreement in relation to parenting and/or property matters. The application for consent orders must be filed with the Federal Circuit and Family Court of Australia and once they have reviewed your application, will consider making the orders sought. You do not need to attend court when making the application. Settling a family law case by way of consent is typically a less stressful and more cost effective way of resolving the matter.
Vary or set aside consent orders
If you already have existing orders, you are able to file a further application for consent orders seeking to vary or set aside the existing orders.
If you do not have the consent of the other party, you may need to consider filing an application to set aside orders pursuant to s79A of the Family Law Act 1975. The court will consider setting aside previous orders in relation to the division of property where there has been a miscarriage of justice by reason of fraud, duress, suppression of evidence (including failure to disclose relevant information), the giving of false evidence, and certain other reasons.