Family Law FAQ - My ex-partner and I reached a verbal agreement about children and property after divorcing. Can we get Court orders to formalise our agreement?

Date: February 22, 2011

Q. My partner and I have been granted a divorce. We've reached a verbal agreement about our children and the division of our property. Can we get Court orders to formalise our agreement?

A. Where both parties are able to come to agreement in relation to the children and the division of the property, they can draft and file at Court an Application for Consent Orders, which sets out the terms of their Agreement. However, there are consent orders that cannot be sought using an Application for Consent Orders. Hence it is advisable that you consult a Family Lawyer prior to drafting or signing any consent Orders, and that you engage a solicitor to draft these Orders on you behalf to ensure that they comply with the required Legislation and Court Rules.