Form 11 Application for Consent Orders
What is a Form 11 Application for Consent Orders?
A Form 11 Application for Consent Orders is a legal document that formalises the agreement between you and your ex-partner about:
future parenting arrangements; and/or
the division of your property, liabilities & super.
In almost all situations, Consent Orders are the legal end goal after separation.
If you want to get an idea about what a Form 11 looks like, you can download one from HERE.
Your agreement needs to be written up in a separate document, a Minute. Each numbered paragraph of the Minute is called an Order. The Minute should be attached to the back of the Form 11. Both these documents then need to be signed by both parties in the presence of an authorised witness.
With a Form 11, you are not required to “go to Court” or even appear in Court. The executed Form 11 still, however, does needs to be lodged with the Family Court.
Form 11 Applications are not simply “rubber stamped”. The Application will be reviewed by a Registrar of the Court.
To be approved by the Court, the Registrar must find:
property orders to be just and equitable; and
children's orders to be in the best interests of the children.
If the Registrar approves the Application, the Orders will be sealed and they are then said to be “made” or “pronounced”.
Once an Order is made, it has the same effect as if it were made by a Judge or Magistrate following a Court hearing.
When an Order is made without the need for a hearing and for the Court to decide, but is instead made by agreement between the parties, it is called a Consent Order.
Although you may never have heard of it before, a Form 11 Application for Consent Orders is not unusual or rare. Ideally, it’s the way that all separating couples should legally finalise their affairs after separation.
Why do I need a Form 11 Application for Consent Orders?
In relation to property division, consent orders will ensure that:
your agreement is certain, enforceable and final;
neither party can change their mind and later re-neg on the agreement;
property, assets and income that you later acquire are protected & safe;
you save thousands of dollars in stamp duty where, as part of the agreement in your Form 11, you are transferring property or real estate between you. For example, where one party is buying out the other party from the family home and the title is being transferred from joint names into a sole name;
there is capital gains tax rollover relief where you transfer any real estate between you (that is not your principle place of residence);
any agreement about the division of superannuation can be implemented. Superannuation can't be split at your request or on your instructions, even if you have an agreement. The Superannuation Fund will require a Court Order (consent order) to be able to split up & divide the superannuation monies between you; and
for all the above reasons, PEACE OF MIND. You can move on with your life knowing that that door has been well and truly shut!
In relation to parenting matters, consent orders will ensure that:
your agreement is binding and enforceable;
there are serious consequences if one party does not comply with the agreement;
there is certainty, for both the parties and the children, about arrangements for the future.
What are the advantages of a Form 11 Application for Consent Orders?
Consent orders will ensure:
you avoid immensely stressful and lengthy Court proceedings;
you retain control over some of the most important decisions in your life;
you avoid significant legal costs arising from litigation, as well as stamp duty and capital gains tax.
