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Court orders

A court order is a document that sets out what the parties must (or must not) do. You can be punished if court order is ‘breached’ (disobeyed). Orders can be urgent, interim (temporary) or final.

The court can make orders by consent or by court decision.

If you do not formalise a property settlement, you will continue to be financially linked with your ex-partner. See ’Dividing your property’ (link below).

Consent orders

A consent order contains an agreement between the people involved. Most family law cases are sorted out by agreement before the final hearing.

A consent order is enforceable by the court and has the same force as an order made by a judge or federal magistrate at the end of a trial. Consent orders can be made in the Family Court or a state court without the parties having to actually appear in court. The Federal Magistrates Court can only make consent orders in a court case that has already started.

It is important to note that the court will not accept an agreement about children that is not in the best interests of the children, even if all parties agree to those orders. See ‘Deciding children’s best interests’ (link below).

Also in property cases any agreement must be ‘just and equitable’ (fair). See 'Fair division of property' (link below). 

Court decisions

A court decision is made when people cannot agree. If the dispute relates to property this is called a financial order. See 'If you disagree about how to divide property' (link below).

More information

Deciding children’s best interests

Dividing your property

Fair division of property

If you disagree about how to divide property

Related publications

How to run your family law case

You and family law: a short guide

How we can help

Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

VLA’s other free legal services include:

  • advice at VLA offices and other locations across Victoria
  • lawyers who are on ‘duty’ to help at many courts and tribunals.

For some family law matters we can provide you with a lawyer to help you run your case.

To find out more about any of our legal services see What we do.