Consent Orders

Consent Orders

To obtain a Consent Order you will need to provide the following documentation:

• The Application for Consent Order (form 12A).
• A copy of the Marriage Certificate to establish eligibility.
• The Agreed Terms of Settlement establish and outline the agreement reached in regards to entitlement, taking into consideration assets, liabilities and the circumstances of each party.
• A Form of Order. This is a standard, formal paragraph required with each Term of Settlement. 
• Copies of any prior Apprehended Violence Orders (if there are any).
• A Superannuation Information Form also needs to be submitted, if there is to be a division of superannuation benefits. The superannuation funds for each party will need to complete these.
• Two Affidavits, one for each party, to state that each person has had independent legal advice.  The affidavit needs to be signed by both people in front of a Justice of Peace or lawyer. Legal advice is important to ensure that parties do not agree to inequitable or unfair settlements, and that documentation is not inadequate or poorly prepared. If legal advice is not sort the Court may consider the Consent Order more closely and additional information may be required to satisfy the Courts requirements, especially in regards to the needs of any children involved in the marriage break-up.

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