For children's matters, parents often work together informally and negotiate agreements amongst themselves. Whilst there is no need to put an agreement in writing, a parenting plan can be drawn up. Parenting plans are only used if legal proceedings are not commenced. Parenting plans are not enforceable. They have the legal effect of overriding consent orders that exist at the time the parenting plan is entered into. Many clients may unwittingly enter into parenting plans to appease the other party falsely believing that the court orders will trump the parenting plan. It is important that practitioners advise their clients so any decisions made after courts orders are properly informed.

See Parenting plans.

For both children's and financial matters, parties can reach an agreement outside the court yet still wish for their agreement to be legally binding. In these circumstances, the parties will make an application to the court for consent orders. The court will make orders reflecting the terms agreed upon between the parties. These orders will be legally binding.

Strictly speaking, financial agreements are a form of consent orders. They can be entered into before, during or after a marriage or de facto relationship. However, given that they are used in very specific circumstances, they have been covered separately in Financial Agreements.

Financial agreements can be used to record an agreement in place of consent orders in financial matters.

See also Financial agreements.