Family Court of Western Australia

Applying for consent orders

If you have reached an agreement with the other party, you can apply for consent orders. Consent orders make your agreement an order of the court without you having to go through the court process. When consent orders are made, your agreement will have the same legal effect as a decision of the Court.

This page is about making an Application for Consent Orders, which is when you are requesting consent orders as the first stage in the court process. If the Court is already dealing with your dispute, you file a minute of consent orders.

Even if you are applying without the help of a lawyer, you should get legal advice about your consent orders. It is important that you understand the meaning and consequences of the orders you are proposing.

 

To apply for consent orders, you need to file:

Application for Consent Orders (Form 11)

Complete the Application for Consent Orders (Form 11). The form should be completed by all parties, and the parties must sign in the space provided at the bottom of each page.

Read the consent order kit for more information on completing the form (see the downloads section below).

Draft consent orders

'Draft' consent orders are the orders you are proposing that the Court makes. A copy of your draft consent orders needs to accompany the consent order application.

There is more information about consent orders:

Supporting documents

The supporting documents depend on whether you are proposing parenting orders or property and financial orders.

Supporting documents - Parenting consent orders

If you are applying for parenting orders, you may also need to file the following supporting documents:

  • A copy of your marriage certificate
  • If you weren't married, a copy of your children's birth certificates
  • certified copies of any existing orders.

Supporting documents - Property and Financial consent orders

If the application is concerning property and financial issues, also file:

  • certified copies of any existing orders
  • copies of certificates of title of any real estate is to be transferrred
  • copies of any binding financial agreements the parties have entered into
  • De facto parties:
  • Married parties
    • a copy of your marriage certificate
    • a copy of your divorce order (if appropriate)
    • if requesting a superannuation splitting order - include copies of the last 2 member statements for the fund being split, and a letter from the superannuation trustee company giving their approval for the fund to be split. See the Consent Order Kit (pdf) for more information.

If you are applying for orders which will bind a third party, there are special requirements which need to be met. See the Consent Order Kit for more information.

File the orders

After you have prepared all the documents, any affidavits need to signed be in front of an authorised witness (including Parts I, K or M of the Application for Consent Orders). Remember that you need to: 

  • sign the draft consent orders the same day you sign your affidavit. Each party can sign on a different day.
  • sign each page of the draft consent orders, and date the last page.
  • file the application within 90 days of the date the first affidavit was signed.

Following the signing of the documents, they are ready to file. You need to file copies of your documents, so there are enough for the parties and the Court. In particular, you need to file:

  • the original and three copies of the draft Consent Orders, certified by the applicant or a lawyer.
  • the original and two copies of:
    • your Application for Consent Orders (Form 11)
    • any affidavits or other supporting documents

Application fee

There is a fee for applying for consent orders. See the fees page for more information.

Next steps

After your application is filed, it will be considered by a Registrar.

The Registrar will assess whether the proposed orders should be made, and 

  • if the Registrar is satisfied the orders should be made, the orders will be signed and sealed copies will be sent to you.
  • if the Registrar is not satisfied, a notice will be sent to both parties requesting additional information.

More information

For more information about consent orders, see


Last updated: 16-Apr-2018

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