What is a minute of Order?

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Draft consent orders are what they’re called.

A consent order minute is useful for people who need to implement a consent order. In a consent order, the Family Court makes the terms agreed to by both parties legally binding. 

Consent orders can be used for both parenting and financial issues, like:  

  • Settlements for property
  • Orders for spouse’s maintenance
  • Orders for parenting. 

In cases where the consent order is valid and enforceable, the court will make consent orders based on it. 

What’s in this article

What’s the use of a Minute of Consent Orders? 

For parties who are able to agree on something, a consent order is useful. It’s faster and more efficient to reach an agreement without the court. 

If you reach an agreement without a court, it’s not legally binding. If one party doesn’t follow the agreement, there’s no repercussions. Thus, some people submit their agreements to court to make them legally binding. Consent orders are made by the court. 

Consent orders: how do they work? 

Consent orders can be applied for at any point during a court case, and there’s no court hearing involved. 

An individual needs to file a minute of consent orders to get consent orders. You have to follow the Family Law Rules (2004). For the court to accept the minute, it has to meet certain requirements.

Are you ready to take the next step?

Let’s get started

Here’s what you need: 

  • Make sure the orders are clear 
  • The minute was drafted with both parties’ consent
  • Both parties have to sign the consent order minute
  • Every person and the court should get a copy of the order. 

Additional documents, like a referral letter, may be needed depending on the parties. 

After the minute is submitted, the Family Court will check that it’s correct. Then it’ll decide if the agreement can be enforced. 

Consent order applications: what the court looks at

Court will make the requested orders if it’s satisfied with the minutes. The Court can also request more info from both parties or dismiss the case. 

The Court’s considerations will depend on what the parties’ consent order says. For example, if the consent order application relates to a property settlement, the Court will have to consider whether the orders reflect a fair and equitable split of property, based on the financial and non-financial contributions of both parties, as well as their future needs. When it comes to parenting orders, the Family Court will have to consider whether the orders are in the best interests of the children. 

Once a consent order is approved by the court, it’s legally binding on both parties right away. Unless otherwise specified, a consent order can last forever. To remove the consent order, either party needs to apply to the Court to have it set aside or demonstrate that ‘exceptional circumstances’ occurred. 

Feel free to contact us if you need help with consent orders or consent order applications at our Sydney office 

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