I recall sitting in Division 2 of the Federal Circuit and Family Court of Australia, ready to go with our spousal maintenance application. My client did all the right things. We drafted the application, affidavit, financial statement and outline, engaged in pre-action procedures and briefed experienced counsel. We were there and ready to advocate. Our client had no choice and her only option was to depend upon a Judge to determine the merits of our case. The other party, her husband, despite receiving six times her salary, was not paying any outgoings presumably to reduce the pool for division. Her stress levels could be felt. Unfortunately, her matter was co-listed and the argument could not proceed.
Thousands of dollars wasted. Negotiate or adjourn. This is a common story.
Litigation paints a grim picture in family law which is why I offer a path to resolution. When disputes about children or property go to court, we see prolonged stress, high legal costs, and fractured relationships. The process itself can feel like parties are pitted against each other in a seemingly endless battle of ‘winning’ versus ‘losing’ and ‘right’ versus ‘wrong’. It’s a fight about principles and justice is pushed to the side.
Families are caught in the crossfire, the real casualties are children, relationships, well-being, and financial stability. There is a law of diminishing returns on your investment. I have seen people exhaust tens of thousands of dollars and even of their entire asset pool. It is not nice to see and it’s certainly not an enjoyable way of making an income. Which is why I am giving you the golden ticket, negotiate.
In family law, a “good case” is a closed case — one where both parties have achieved resolution without the need for drawn-out proceedings. Consent orders offer a cooperative pathway. In matters involving children and property where emotions run high which makes intelligence run low, consent orders have proven time and time again to be an excellent option.
I am swiftly able to identify when consent orders are not a viable option, all you need to do is ask. Some straightforward early advice can save you years of confusion.
But back to the topic…
What Are Consent Orders?
Consent orders are legally binding agreements made between parties, often during family law disputes. These orders can cover arrangements about parenting (children’s time, education, passports, holidays, etc.) and property (division of assets, superannuation, businesses and liabilities). When properly drafted, consent orders are approved by the Federal Circuit and Family Court of Australia, formalising them into enforceable orders and avoiding a whole lot of paperwork.
Why Are Consent Orders Beneficial?
- Reduced Costs
Consent orders are usually significantly more cost-effective than litigation, saving parties from spiralling legal expenses. I emphasise the word usually because some lawyers and parties get so caught up in negotiations that the cost-to-benefit analysis is reversed. I have seen some practitioners charge over $15,000 for negotiations on simple asset pools because of meaningless disputes about contributions. Pick your battles and save time, energy and money. - Families First
By avoiding litigation, consent orders where proper advice is given can prioritise the best interests of your family. In children’s matters, they offer a setting where both parties collaborate to make decisions that reflect the needs of the child. If you allow a Judge or Registrar to decide, they cannot possibly provide the level of insight into your family dynamics that you have. - Certainty and Clarity
Consent orders provide a clear outline of agreed terms, minimising misunderstandings over future arrangements. Parenting schedules, asset allocation, and ongoing responsibilities are clearly defined, reducing opportunities for disputes to re-emerge. - Time-Saving
The court process can be horrifically slow, with adjournments and waiting periods dragging cases into months or years. Preparing and filing consent can provide a timely resolution. - Peace of Mind
Perhaps the most undervalued aspect of consent orders is the peace they offer. Knowing your family has resolved its issues with mutual understanding, rather than courtroom conflict, can heal the rupture if there was one. If there was a smooth sailing separation, congratulations because you are the exception.
Choose Peace for your Family and Resolve your Dispute
By resolving your dispute, you control the narrative. You avoid the emotional and financial toll of litigation and prioritise the needs of those who matter the most — your children and family. A closed case is my favourite type of case because it brings to an end what may be a particularly traumatic time in your life and allows you to focus on your families future.
Kind regards
Elena Leonardos
Barrister, Solicitor and Mediator