A Consent Order is made by the Federal Circuit and Family Court of Australia (also known as the FCFCOA) formalising an agreement reached between parties following separation about the future care arrangements for a child or children and/or financial property settlement matters.
Parenting Orders
A parenting Order will only become legally binding on the parties if deemed to be in the best interest of a child or children.
A parenting Order can deal with a wide range of issues, including but not limited to, the following:
- Who a child or children live with;
- How much time a child or children should spend with each parent;
- Whether one (1) or both parents should have equal shared parental responsibility in relation to the major longer-term decisions for a child or children, for example:
- Where a child shall live;
- Medical decisions;
- A child’s name;
- Decisions regarding religion or cultural upbringing; and
- Passports.
- How and when a child or children will communicate with the parents and other people that do not live with a child that are significant to a child, for example, a grandparent, aunty or uncle etc.
- How the parties will deliver the child or children at the end of their time to the other parent, for example, a location of equal distance to where each parent lives or the child’s school or day care.
- How a child or children will spend special occasions with each parent, for example, Christmas, Easter, birthday or special days that are important to a parent’s culture.
Property Settlement
A financial settlement, also know, as property Orders sets out how de facto property or matrimonial property should be divided following separation.
An Order dividing property of a relationship must be seen by the Court to be ‘fair and equitable’ and can include a range of assets and/or liabilities, including but not limited to the following:
- Real Property i.e. house and land;
- Household effects and personal property i.e. furniture, household items and jewellery etc.
- Superannuation;
- Self-managed superannuation fund (SMSF);
- Business interests;
- Trust interests;
- Motor vehicles;
- Recreational vessels i.e. boats and jet ski;
- An inheritance;
- Debts and loans;
- Taxation liabilities;
- Business liabilities etc.
