In the event you and your former partner agree in relation to the division of your property, or the care arrangements for your children, you can seek Consent Orders from the Federal Circuit and Family Court of Australia formalising the agreement. To do this, you need to file an Application for Consent Orders and Minute of Consent Orders with the Court.
Once filed, a Registrar of the Federal Circuit and Family Court of Australia will review your application and decide whether the Orders that you seek can be made by the Court. In making this decision, the Registrar will want to be satisfied that:
You have completed the Application for Consent Orders correctly, including all relevant sections have been completed and any mathematical (property only) calculations have been accurately carried out;
The Orders you seek have been appropriately drafted and are capable of being carried out;
The Orders you seek are appropriate for the Court to make (for example, the Court is unlikely to make a self-executing cost order);
If you seek property Orders, that the Orders you seek are just and equitable; and
If you seek parenting Orders, the Orders you seek are in the best interests of the children.
In the event the Registrar is not satisfied with one or more of the above, it is likely that they will raise a Registrar Notification / Requisition with you and your former partner. The Notification / Requisition will identify the reasons why the Orders you seek cannot be made and set out the steps that you and your former partner need to take to have the Orders you seek made. This may include, though is not limited to:
Filing an Amended Application for Consent Orders;
Filing a further Minute of Consent Orders;
Filing an Affidavit with the Court addressing the issues that have been identified by the Registrar. The Affidavit may need to set out why you say the Orders you seek are just and equitable based upon your financial contributions to the property pool, your income and your financial resources; or the Affidavit may need to set out why you say the Orders you seek are in the children’s best interests; or
Filing further information with the Court, such as a letter from the Trustee of your super fund stating that they hold no objection to the proposed superannuation split (if there is one included in the Orders you seek).
The Registrar Notification / Requisition will stipulate a time frame within which you need to complete the requested steps. This is usually 4 weeks. A failure to comply with the request within the stated timeframe will result in your Application for Consent Orders being dismissed without further notice.
It is important that you comply with the Registrar Notification / Requisition notice. You should seek specialist advice from a family law solicitor to make sure you understand the notice and have appropriately complied with the steps outlined therein.
As family law solicitors, we at Robinson + McGuinness will be able to advise you in relation to any Registrar Notification / Requisition notice that you may receive. We can also advise you about your rights and entitlements, no matter where your family law matter is up to, and assist you to finalise your agreements.
If you would like to discuss your options and how we can assist you, please contact us today contact us on today on (02) 6225 7040 or by email at info@rmfamilylaw.com.au or get started now online.
Author: Peta Sutton