Consent Orders

What is a Form 11 Application for Consent Orders?

The Form 11 Application for Consent Orders is a legal document that formalises the agreement between you and your former partner regarding future parenting arrangements and the division of property, liabilities, and super. In most cases, Consent Orders are the ultimate legal goal after separation. 

Your agreement should be written up in a document called a Minute, with each numbered paragraph of the Minute referred to as an Order. The Form 11 should be attached to the back of the Minute, and both parties must sign both documents in the presence of an authorised witness. 

While you won't need to attend court with a Form 11, it still needs to be lodged with the Family Court. The application will be reviewed by a Court Registrar. For an application to be approved, the Registrar must determine that the property orders are just and equitable and the children's orders are in their best interests. If the Registrar approves the application, the Orders will be sealed, and they'll be deemed made or pronounced. Once made, an Order has the same effect as if the Court had made it following a Court hearing. 

While you may not have heard of the Form 11 Application for Consent Orders before, it's not uncommon. Ideally, it's the way that all separating couples should legally finalise their affairs after separation.

What are the advantages of Consent Orders?

When ending a relationship, Consent Orders are a cost-effective way to tie up any loose ends. They offer several benefits, such as avoiding lengthy and stressful court proceedings, retaining control over important decisions, and saving significant legal costs, stamp duty, and capital gains tax. It's relatively easy, low-stress and inexpensive to engage a lawyer to draft your application and minute, compared to contested court proceedings. This is particularly advantageous for co-parents who want to remain cooperative. Without property Consent Orders, you may face financial consequences such as paying stamp duty and CGT on property transfers, being unable to divide your superannuation, and not being indemnified for liabilities incurred during the relationship. Property orders provide certainty and finality, allowing you to move on without any future potential claims.

Where do I start from?

To begin, you can schedule an appointment with our Family Law firm either at our office in Applecross, WA or our Bunbury location. Alternatively, you can opt for an initial phone consultation with one of our family lawyers. 

If you decide to proceed with consent orders after your first consult, we can assist you in drafting the application and minutes and submitting it to the Court. We aim to make this process as easy and stress-free as possible for you.

Why Choose Us

We assist clients in - 

Perth, Applecross, Winthrop, Booragoon, South Perth, Como, Waterford, Brentwood, Ardross, Bicton, Fremantle, Myaree, Kardinya, Murdoch, Bunbury, Busselton, Eaton, Australind.