Consent Orders
(Property & Parenting)
Property settlements and parenting arrangements formalised by consent, without the courtroom. Practical, cost-effective outcomes for separating couples.
What Are Consent Orders?
Consent orders are legally binding agreements between separating couples, approved by the Federal Circuit and Family Court of Australia. They cover the division of property and financial matters, parenting arrangements, or both. Unlike contested court proceedings, consent orders are reached by agreement. They are faster, less expensive, and far less stressful than litigation. Once approved by the court, they have the same legal force as orders made after a trial.
Property Settlements
A property settlement divides the assets and liabilities of a relationship. This includes real property, superannuation, bank accounts, businesses, trusts, shares and personal property. The Family Law Act provides a four-step process: identify and value the net property, assess financial and non-financial contributions, consider future needs including age, health, earning capacity and care of children, and determine what is just and equitable. You do not need to go to court. An agreement can be filed as consent orders and become binding.
Parenting Arrangements
Parenting orders set out who a child lives with, the time they spend with each parent, and how decisions about the child are made. Equal shared parental responsibility means both parents must consult each other on long-term decisions affecting the child. The court considers the benefit of a meaningful relationship with both parents and the need to protect the child. Consent orders for parenting can cover living arrangements, time with grandparents and other family members, schooling, and travel.
Our Process
Kate acts for the applicant. You receive a suite of documents and explanatory notes to help you and the other party reach agreement on the terms. Once agreed, Kate drafts the Application for Consent Orders and files it through the Commonwealth Courts Portal. The other party receives the proposed orders and a recommendation to obtain independent legal advice. This process is designed to be straightforward, transparent and affordable.
Time Limits
For married couples, an application for property settlement must be filed within 12 months of the date of divorce. For de facto couples, the time limit is two years from the date of separation. After these dates, you must seek the court’s permission to file, which may or may not be granted depending on the circumstances. It is important to act within these timeframes.
Consent Orders FAQs
Q1: What are consent orders?
Consent orders are legally binding agreements approved by the Federal Circuit and Family Court of Australia. They cover property settlement, parenting arrangements, or both. Once approved, they have the same force as a court order made after a hearing.
Q2: Do we need to go to court to get consent orders?
No. Consent orders are designed to keep you out of court. Both parties agree on terms, the application is filed, and a registrar reviews it on the papers. You do not attend a hearing unless the court has questions.
Q3: Can we do consent orders without a lawyer?
You can, but the court requires the orders to be “just and equitable” for property matters and in the “best interests of the child” for parenting matters. A solicitor ensures the orders meet those tests and will actually be approved. Self-drafted orders are frequently sent back for redrafting.
Q4: How long does the consent orders process take?
From signed agreement to sealed orders, typically six to twelve weeks. The drafting and negotiation phase varies, but the court processing time is relatively consistent. Incomplete applications or orders that do not meet the legal tests take longer.
Q5: What is the difference between consent orders and a binding financial agreement?
Consent orders are approved by the court and enforceable as court orders. A binding financial agreement (sometimes called a prenup or postnup) is a private contract between the parties. Consent orders are generally harder to set aside and provide stronger enforcement options if one party does not comply.