Miscellaneous 

Do I need a consent order to get divorced?

Leia Doyle

Do I need a consent order to get divorced?

A divorce is never complete without a financial order. If you are both in agreement about your finances then the right financial order for you is a consent order. There is nothing is the law which says you must have one, however, your agreement (whether you have assets or not) won’t be legally binding, without it.

Can my wife divorced me without my consent?

You Do Not Need Your Spouse’s Consent to Obtain a Divorce You have the right to file for divorce in a court that has jurisdiction over your marriage, serve your spouse with the divorce papers, and seek a divorce with or without their permission or participation.

How do I know if my ex has divorced me?

Contact your local courthouse.

  • Most courthouses have a public records computer terminal. You can search by your name or the name of your spouse. Check them carefully and get the right file.
  • Ask the court clerk’s office for help. The counter clerk can look records up for you and confirm whether a divorce has been filed.

    Can ex wife come back for more money?

    Money you earn after your divorce is generally yours, but your ex-wife can still get her hands on it in some cases. As a general rule, the money you earned during marriage is marital, and what you earned afterwards is separate.

    How to get a consent order in Family Court?

    Apply for a Consent Order. If you want to, you and your ex-partner can ask the Family Court to make your parenting plan into a Consent Order. To make the Order, the judge must be satisfied that you both made the agreement willingly. The forms you fill in will give the judge information to confirm this.

    What is a motion on consent in family law?

    A motion is a where a asks a judge to decide specific issues before a trial. For example, you may need a temporary order that says where your children will live and what school they will go to. A motion on consent means you and your partner agree on the temporary orders you want the judge to make.

    What to do if your consent order is rejected?

    You can however withdraw your Consent in the intervening period between the documents being signed and filed with the Family Court and the court actually making the Consent Orders. If your Consent Orders are rejected by the Family Court we will provide you a fixed fee to have a revised application completed within 24 Hrs.

    Where to apply for a consent order in Australia?

    Consent orders applications can only be filed in the Family Court of Australia. Helpful hint: For more information about eFiling applications on the Commonwealth Courts Portal see How do I eFile? The Court recommends electronically filing (eFiling) applications.