In the Family Court of WA jurisdiction, a consent order is a written agreement that is approved by the Court. This agreement is prepared via a Form 11 Application for Consent Orders, and can cover parenting arrangements as well as financial and property arrangements.
As evident by its name, consent orders can only be filed at the consent of all parties to the agreement.
Whilst both parties may be legally represented, it is of course possible to enter into consent orders with a person who is not legally represented. However it is best to exercise some caution, such as:
- Ensure the other party is not under the misapprehension that your interests are the same;
- Regardless of how amicable the parties may be, they cannot be represented by the same solicitor;
- Ensure the Orders signed and filed are accurate, such as superannuation member numbers, Certificate of Title details, children’s names, and relevant birthdays.
The Court has the responsibility of ensuring the Consent Orders are just and equitable, meaning that the outcome is fair for both parties. In the event this is not the case, the Form 11 Application for Consent Orders will be requisitioned, and amendments may need to be made.
The Family Court of WA website has made available a Consent Orders Kit, which may be of great assistance to self-represented parties.
At Holden Barlow Family Lawyers Perth we are able to assist a party to negotiate, draft and complete a Form 11 Application for Consent Orders with the Family Court. Please contact our offices on (08) 9221 7122 to speak with one of our family lawyers if you have any queries about this process.
Holden Barlow Family Lawyers Perth is a Quality Practice accredited by the Law Society of Western Australia.