Common Consent Order Mistakes to Avoid

Why consent orders get rejected

The Registrar checks every application against two threshold tests before making orders. For property matters, the division must be "just and equitable" under s 79(2) of the Family Law Act 1975 (Cth). For parenting matters, the arrangements must be in the child's best interests. Both types must produce orders that are clear, specific, and capable of enforcement.

Rejection doesn't attract an additional filing fee, but it does cause meaningful delay: each amendment round adds weeks, requires both parties to re-sign the amended orders, and extends the period in which arrangements remain informal and unenforceable.

Drafting mistakes

How you word your orders is the most common source of rejection. Orders must be precise enough that a judge could determine compliance or breach without ambiguity.

Vague or ambiguous wording

An order that the children will spend "reasonable time" with a parent cannot be enforced — what is reasonable is disputed the moment a disagreement arises. The order must specify exact days, times, and locations: "every alternate weekend from 5 pm Friday to 5 pm Sunday, changeover at [address]."

Unenforceable provisions

Orders requiring parties to "communicate respectfully" or act "reasonably" ask a court to assess a subjective standard. Replace them with objective, verifiable requirements: "the parties shall communicate about the children's schooling, health, and welfare by email only." If you cannot measure it or prove it happened, it is probably unenforceable.

Missing mandatory considerations

Property orders must show that both parties' contributions have been considered, that future needs have been addressed, and that the division is just and equitable. Parenting orders must address the child's safety as the primary consideration, the benefit of maintaining a relationship with both parents, and the practical day-to-day arrangements. Leaving any of these elements unaddressed invites a request for further information.

Inconsistent or contradictory clauses

Read the orders together as a complete document before filing. An order that the children shall "live with the Mother" combined with a separate order that "the Father shall have the children 50% of the time" may be mathematically inconsistent. Every order must work logically with every other order in the same application.

Unrealistic or impractical arrangements

The Registrar may query arrangements that are facially impractical — a changeover scheduled for 7 am when both parents begin work at that time, or a parenting schedule that requires a young child to travel a significant distance multiple times each week. Walk through the arrangements mentally against actual work schedules, school timetables, and the child's age before you file.

Procedural mistakes

Even well-drafted orders can be delayed by administrative errors. These are the most common procedural causes of rejection.

• Wrong or outdated forms — always download fresh forms directly from the Federal Circuit and Family Court of Australia website; court forms are updated periodically and old versions are not accepted.
• Missing signatures — both parties must sign, each signature must be witnessed, and signatures must be original (not photocopied or digitally reproduced unless the Court's electronic filing system expressly permits it).
• Incomplete financial disclosure — for property matters, full financial disclosure is mandatory; missing or incomplete disclosure in the supporting documents causes delay and may raise broader concerns about the application.
• Filing in the wrong jurisdiction — de facto property matters require the Court to have jurisdiction; if you are de facto rather than married, confirm the applicable requirements before filing.
• Blank or incorrectly completed form fields — leaving required fields blank or entering "N/A" where actual information is needed prompts the Registrar to seek clarification.
• Undated documents — every document in the application must be dated; documents without dates or with inconsistent dates are routinely returned.

Substantive problems

Some rejections go beyond wording or procedure — they concern the substance of what is being proposed. These are harder to fix quickly because they may require renegotiating the agreement.

• Property division that appears unfair — if one party receives a significantly smaller share without clear justification (such as a shorter relationship, limited contributions, or a documented specific agreement), the Registrar may query whether the division is just and equitable.
• Parenting arrangements that don't adequately address child safety — where there are known safety concerns, the orders must address them. Arrangements that appear to subordinate a child's safety to adult convenience will not be approved.
• Indicators of duress or pressure — the Court must be satisfied that both parties genuinely consent; anything in the application suggesting one party did not understand or was pressured will attract scrutiny.
• Significant gaps in coverage — orders that leave major assets unaddressed, or parenting arrangements with no provision for school holidays or special occasions, invite requests for clarification about how those matters will be handled.

What happens if your orders aren't made

If the Court does not approve your consent orders, you will receive a notification explaining what is needed. The process from that point is straightforward.

1. Court notification — a letter or notification sets out what is wrong or what additional information is required.
2. Review the feedback carefully — address each point specifically; a general rewrite risks missing the exact concern raised.
3. Prepare amended orders — both parties must sign the amended version; the signature and witnessing requirements apply again.
4. Resubmit — file the amended application; there is typically no additional filing fee for resubmission.

If your orders have been rejected more than once, or if you are uncertain how to address the Court's concerns, a one-off lawyer review (typically $500–$1,500) can identify issues you may have missed. Community legal centres can also provide free assistance to eligible clients.

Pre-filing checklist

Before you file, run through this checklist to catch the most common issues before they reach the Registrar.

• Each order is numbered and stands alone — it can be read and enforced independently
• All orders use specific language: exact dates, times, locations, and identifiable people
• No two orders contradict each other when read together
• Property: every major asset and debt is addressed
• Property: the basis for the division is apparent and justifiable
• Parenting: all times of year are covered (school terms, school holidays, public holidays, special occasions)
• Parenting: changeover arrangements are practical against real work and school schedules
• Parenting: parental responsibility is expressly addressed
• Both parties have signed with original signatures
• All signatures are witnessed
• All documents are dated
• You are using the current version of the Court's forms (downloaded fresh)
• Financial disclosure is complete (property matters)

Common questions