Consent orders are a written agreement between the parties that sets out the care welfare and educational decisions relating to the children of the relationship that have been stamped by the court. Consent orders have the same legal effect as if they were made by a judicial officer following a court hearing. The Court must be satisfied that the orders sought are in the best interest of the child.

You can still apply for a divorce if you have been living separately under one roof for a period of not less than 12 months however you will need to provide additional evidence to support your divorce application

Consent orders are a written agreement between the parties in relation to how the assets and liabilities of the relationship are to be divided following separation.  Consent orders can deal with the sale or transfer of property, superannuation splits and division of remaining assets and liabilities.

Sole Applications

When there are children under eighteen then the Applicant must attend the divorce hearing, but if there are no children and all other requirements of service have been met then you do not need to attend.  The Respondent does not need to attend but can attend if they wish unless they have filed a response stating that they do not wish to be divorced.  In this case they need to attend in person.

Joint Applications

If you and your former spouse have jointly applied for divorce, then neither of you are required to attend even if there are children under eighteen.

I have attended the divorce hearing – am I divorced now?

If you have attended Court for the divorce hearing and the Registrar has granted your divorce it does not become final until one calendar month and one day after your hearing.  After this date you be issued with a decree nisi stating that your divorce is final.

To apply for divorce, you need a copy of your original marriage certificate, and not the one that they gave you at the church but the one from births, deaths and marriages.  If you don’t have this you can just head to www.service.nsw.gov.au and apply for a copy to be sent to you.

If your marriage certificate is not in English (because you were married overseas), you must have it translated into English by an authorised translating service. The translator will prepare an affidavit which will need filed with your marriage certificate.

If you were born overseas, you will need your citizenship certificate or visa paperwork which shows you are living legally in Australia and have lived here continuously for a period of more than 12 months.

We will also take a copy of your driver’s licence.

The parties should have been separated for a period of 12 months.  This means that if you separated for a bit and then reconciled then the time starts from after the final separation.  There must also be no reasonable likelihood that you will resume your marriage, this is called separation on a final basis.

There are some time limits that must be considered when filing for property consent orders.

If you are married, then the time limit is brought about by the granting of a divorce. Once your divorce is granted then you only have 12 months to finalise your property settlement.

For couples in a de-facto relationship, the time limit is brought about by the final breakdown of the relationship. Once your relationship has ended on a final basis then you only have 2 years to seek final property orders.

If you are seeking property orders outside of the time limits mentioned above, then you will need to seek the permission of the Court, however this is not always granted.

You can still apply for a divorce provided you have been separated for a period of 12 months however you may also need to provide a counselling certificate.

No two asset pools are the same, so specific advice from a legal professional is paramount however we generally start with a four-step process.

First, we identify the asset pool by looking at the assets, liabilities and superannuation of the parties of the relationship. Next, we look at contributions of the parties. Such contributions are usually classified as being financial (such as being the primary breadwinner or gifts and inheritances), non-financial (such as skilled labour improvements to the family home) or as homemaker and parent.

The third step is consideration of the future needs of the parties. Whilst the final step seeks to ensure that any settlement between the parties is just and equitable.

A parenting plan is a written agreement between the parties that sets out care welfare and educational decisions relating to the children of the relationship. The plan is worked out and agreed to by the parties jointly. A parenting plan is signed and dated by the parties without the need to attend court. A parenting plan is not a legally enforceable agreement. The parties can agree to change or amend a parenting plan at any time by entering into a new plan.