Consent Order Divorce Template for Australia

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Key Requirements PROMPT example:

Consent Order Divorce

"I need a Consent Order Divorce document for a mutual separation that occurred on January 15, 2025, involving the division of a family home, two investment properties, and shared business assets, but no children are involved."

Document background
A Consent Order Divorce is used in Australian family law when separating couples have reached agreement on all aspects of their divorce and wish to have their arrangements formally recognized by the court. This document type combines the divorce order with agreed arrangements for property, children, and financial matters, all within one comprehensive court order. It must comply with the Family Law Act 1975 and associated regulations, requiring filing with the Federal Circuit and Family Court of Australia. The consent order provides legal certainty and enforceability for the agreed terms, making it a crucial document for finalizing divorce arrangements in a cooperative manner. Unlike contested divorces, these orders typically proceed without court hearings when all requirements are met and the court is satisfied the arrangements are just and equitable.
Suggested Sections

1. Title and Court Details: Specifies the court, registry, file number and type of application

2. Parties: Full legal names and details of both parties (applicant and respondent)

3. Background: Details of marriage, separation date, and basic eligibility criteria for divorce

4. Definitions: Key terms used throughout the document

5. Jurisdiction: Establishes the court's jurisdiction to make orders

6. Declaration of Service: Confirmation that all necessary documents have been properly served

7. Primary Divorce Order: The core order dissolving the marriage

8. Effective Date: When the divorce order takes effect

9. Costs: Agreement regarding legal costs of the proceedings

Optional Sections

1. Children's Arrangements: Required if there are children under 18 - details custody, access, and care arrangements

2. Property Settlement: Required if there is property to be divided - details the division of assets and liabilities

3. Spousal Maintenance: Required if ongoing financial support is agreed between parties

4. Superannuation Split: Required if superannuation is to be divided between parties

5. Special Conditions: Any additional agreements or conditions specific to the parties' situation

6. Restraining Orders: Required if there are any agreed restrictions on either party's conduct

7. Name Change: Required if either party wishes to revert to a previous name

Suggested Schedules

1. Schedule A - Assets and Liabilities: Detailed list of all matrimonial assets and liabilities with agreed values

2. Schedule B - Parenting Arrangements: Detailed parenting plan including time arrangements, special occasions, and communication protocols

3. Schedule C - Property Transfer Details: Specific details of how property will be transferred, including timing and mechanisms

4. Schedule D - Superannuation Split Details: Technical details of superannuation splitting arrangements

5. Appendix 1 - Service Details: Proof of service documentation

6. Appendix 2 - Supporting Documents: Marriage certificate, separation declaration, and other relevant documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Legal Services

Family Law

Court Services

Social Services

Public Sector

Professional Services

Dispute Resolution

Relevant Teams

Legal Operations

Family Law Practice

Dispute Resolution

Document Processing

Client Services

Court Registry

Legal Administration

Mediation Services

Relevant Roles

Family Lawyer

Legal Partner

Associate Lawyer

Paralegal

Court Registrar

Legal Secretary

Family Law Mediator

Divorce Specialist

Legal Assistant

Family Court Judge

Legal Document Specialist

Case Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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