Ask the court to decide

File a consent memorandum

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Overview

If you and the other people involved in the case come to an agreement at any time during the case, you may ask the Family Court to consider making what you’ve agreed into an order. You and the other people involved in the case will need to file a consent memorandum to the Family Court.

Consent memorandums say what everyone is agreeing to

A consent memorandum is a document that states what everyone involved in the case is agreeing to and the reasons why. The document must be signed by all parties named in the original application.

Consent memorandums can be hard to fill in on your own. If you don’t have a lawyer, there is support available to help you fill in forms.

Organisations to help you

Get legal advice or help

How to apply

1

Understand what else you need

Use a BLUE or BLACK ballpoint pen if you complete the forms by hand.

2

Complete the consent memorandum

You’ll need to complete the following form.

General consent memorandum [PDF, 460 KB]

To have the forms sent to you, freephone the Ministry of Justice on 0800 224 733. You can also pick them up from the court.

Find your nearest court

You must print the forms single sided.

3

Get all your documents together

Your application must include:

  • a completed and signed ‘General consent memorandum’ form
  • a Parenting Through Separation course certificate
4

File your consent memorandum

You can file your memorandum electronically, by post, or in person. When you file your memorandum, it must have the original signatures. You must file your memorandum at the correct courthouse. If you file your memorandum in person or by post, you’ll need to provide enough exact copies for everyone named as a party to your memorandum and keep a copy for yourself.

How to file documents

Court staff will contact you if they need more information.

 

Fees when using the Family Court

You don’t need to pay a court filing fee for this application. There may be other fees involved when using the Family Court. This may include:

  • lawyers’ fees and charges
  • cost contribution orders

Family Court fees and funding

Costs you need to pay after your case

After you apply

Before a judge makes a decision, they may:

  • want to hear from you in person
  • appoint a lawyer for child to understand the child's views and present them to the court
  • ask for a specialist, cultural, or social worker's report on your situation from a professional such as a psychologist or medical doctor
  • decide to hold a case conference or a hearing, or both.

If they agree with what you are asking for, they may make a final court order. At this point, it usually means your case is finished in the Family Court.

What happens after your case has finished

Resources in other languages and alternate formats

We have resources available in different languages and alternate formats. Select the language or alternate format to get the resources relevant to this page.

Feeling overwhelmed?

Going through a change in your whānau situation can be hard. It's normal to feel overwhelmed. There are services available to help and support you through this time.

Visit our help page