Property Consent Orders

Date: Aug 06, 2014
Document Type: Article

There is an obligation on Family Court judges to be satisfied that any property orders they make are just and equitable, notwithstanding they are made by consent.

Section 79(2) of the Family Law Act 1975 (Cth) says that an order should only be made if it is just and equitable to do so. It is the responsibility of the Court not to act as a rubber stamp in matters where parties have reached agreement, but to be satisfied that the orders are appropriate and fair.

Pursuant to Rule 1.10 of the Family Law Rules 2004,  the Court has the power to, unless a legislative provision states otherwise, make an order : “... on its own initiative, in relation to any matter mentioned in the Rules.”  Namely, the Court has ultimate discretion.

Under Rule 10.17, if a party applies for a Consent Order, the court may: “...make an order in accordance with the orders sought.” However, it is noted in this rule that: “A party applying for a consent order must satisfy the Court as to why the consent order should be made.”

A Court cannot be satisfied as to whether or not Consent Orders should be made if it does not have evidence from all parties involved.  A Court can make any order as it considers appropriate, however it shall not make an order in relation to property adjustment if it is not satisfied that, in all the circumstances, it is just and equitable to make the Order. A mere agreement between parties is simply not enough.

If you and your ex-partner have reached an agreement in relation to your assets and would like to formalise this by way of Family Court property Consent Orders, please contact one of our family lawyers to discuss the likelihood of the orders being made, and whether any further adjustments should occur. 

Can you trust a Trust?
Date: Sep 02, 2009
Child Recovery Orders
Date: Jul 22, 2014
Child Support Agreements
Date: Aug 01, 2010
Divorce – How to Apply
Date: Aug 22, 2010
Divorce or Annulment
Date: Aug 22, 2010
Divorce or Annulment?
Date: Mar 03, 2010
Do I need a pre-nup?
Date: Oct 06, 2011
Family Dispute Resolution
Date: Oct 11, 2011
New Child Support Scheme
Date: Aug 22, 2010
Overseas Travel With Children
Date: Aug 22, 2010
Paying for the Kids
Date: Jul 02, 2009
Property Consent Orders
Date: Aug 06, 2014
Same Sex Divorce
Date: Aug 22, 2010
Same Sex Parenting Paper
Date: Oct 03, 2009
Same Sex, Same Laws
Date: Aug 22, 2008
Security for Costs
Date: Aug 08, 2010
Spousal Maintenance
Date: Nov 02, 2010
Surrogacy Laws in Australia
Date: Aug 22, 2010
Taking Children From Australia
Date: Aug 22, 2010
Trusts and family law disputes
Date: Jul 06, 2015
What Court Do We Go To?
Date: Aug 03, 2009
What is a will?
Date: Jan 01, 2008
What is Family Law?
Date: Aug 22, 2010
What's in a name?
Date: Jun 04, 2010
When should I make a will?
Date: Mar 01, 2008
Which Court Do We Go To?
Date: Aug 22, 2010
Who is a Parent?
Date: Oct 09, 2009
Back to Publication List