How to File Consent Orders Without a Lawyer

Can you really do this yourself?

Yes — provided both parties have reached genuine agreement and the arrangements are not unduly complex. The court process is accessible to self-represented litigants, and the filing fee is $205 (as of January 2026), compared to $30,000 or more in fully contested proceedings.

DIY consent orders work well when:

• You and the other party have reached genuine agreement on all terms.
• The arrangements are relatively straightforward — a shared asset pool, clear parenting time.
• There are no serious safety concerns or family violence issues.
• Neither party is trying to take unfair advantage of the other.
• You are willing to invest time in understanding the process and drafting clearly.

What you will need before starting

Gather these essentials before you open the forms. Having everything ready reduces delays and the risk of having to correspond back and forth with the Court.

Written agreement

Both parties must agree on what the orders will say. This does not need to be formal — notes from discussions or emails confirming agreement work as a starting point. The proposed orders you draft must reflect that agreement precisely.

Financial disclosure (property matters)

For property matters you will need details of all assets, liabilities, superannuation, and income: bank statements, property valuations, super statements, and documentation of debts. The Court needs this material to satisfy itself the division is just and equitable under section 79 of the Family Law Act 1975.

Children's details (parenting matters)

For parenting orders, you will need each child's full name, date of birth, and current living arrangements. Consider school schedules, activities, and any special needs relevant to the arrangements. The Court must be satisfied the orders are in each child's best interests.

Identification

Both parties need ID to register on the Commonwealth Courts Portal. You will also need relationship documentation — a marriage certificate for married couples, or evidence of a de facto relationship if applicable.

Realistic timeline

Step-by-step filing guide

The application process has seven stages. Work through them in order — skipping ahead often creates errors that delay approval.

Step 1 — Download the forms

Get the Application for Consent Orders from the Federal Circuit and Family Court website. The forms are free. You will also draft your own proposed consent orders as a separate document — the forms include guidance on the required format.

• Application for Consent Orders (Form 11)
• Proposed Consent Orders (you draft these)
• Financial declaration or statement (property matters)
• Parenting questionnaire (if applicable)

Step 2 — Draft your proposed orders

Write out exactly what you and the other party have agreed to. Each order should be numbered separately, written in plain language, and specific enough to be enforceable without requiring further agreement between the parties.

Step 3 — Complete the Application for Consent Orders

Fill in the Application for Consent Orders (Form 11) completely. Include all required information about both parties, the relationship, and any children. For parenting applications, also complete the parenting questionnaire. For property applications, attach the financial declaration showing each party's financial position.

Step 4 — Both parties sign

Both parties must sign the application and the proposed orders. Signatures must be original (not photocopied) and witnessed. The witness must be 18 or over, not a party to the application, and must sign and print their name alongside each party's signature.

Step 5 — File online via the Commonwealth Courts Portal

Create an account at comcourts.gov.au if you do not already have one. Select "File a new application," choose "Application for Consent Orders," upload all your documents, review the summary, and submit. The portal is available 24 hours a day and provides status tracking.

Step 6 — Pay the filing fee

The filing fee is $205 (as of January 2026). Payment is made online as part of the submission process. Fee exemptions or reductions are available for eligible applicants — check the Court's fee schedule for current concession categories.

Step 7 — Wait for Court assessment

A Court Registrar reviews the application on the papers — there is no hearing to attend. The Registrar must be satisfied that the proposed orders are just and equitable (property) or in the best interests of the children (parenting) before making them. You will be notified of one of three outcomes:

• Orders made — the application is approved and the orders take effect.
• Further information required — the Registrar needs clarification or additional documents. Respond promptly to avoid further delays.
• Application not approved — the Registrar sets out reasons in writing. You may amend and resubmit; there is generally no additional filing fee if done within a reasonable timeframe.

Common mistakes that lead to rejection

These are the most frequent reasons applications are returned. Each one is avoidable with careful preparation.

• Vague or ambiguous wording — orders like "the children will spend reasonable time with the father" cannot be enforced. Be specific about days, times, and arrangements.
• Missing mandatory considerations — for property, the Court needs to see how you have addressed the section 79(4) factors (contributions, future needs, just and equitable). For parenting, there must be evidence the arrangements serve each child's best interests.
• Orders that cannot be enforced — orders requiring ongoing subjective cooperation ("parties will communicate respectfully") are not enforceable and may be rejected.
• Incorrect or incomplete forms — missing fields, wrong dates, or using outdated versions of the forms cause delays. Download the current version each time; do not reuse a downloaded form from years earlier.
• Missing or invalid signatures — both parties must sign, signatures must be witnessed, and they must be original. Photocopied signatures or unsigned pages will be rejected.

What to do if you get stuck

Several resources can help if you encounter difficulties at any point in the process.

• Court self-help resources — the Federal Circuit and Family Court website provides guides, fact sheets, and worked examples. Court registry staff can provide procedural guidance, though not legal advice.
• Duty lawyer services — some courts have duty lawyers available to provide brief advice and assistance at no cost. Contact your local court registry to ask about availability.
• Community legal centres — free legal services are available for eligible clients. They can review your documents, explain the process, and provide limited assistance.
• Lawyer document review — many lawyers offer a document review service for $500–$1,500. They will check your draft orders and application for errors before you file, without taking on the full matter.

After your orders are made

Once the Court makes your consent orders, there are practical steps to implement them. Do not treat the order as self-executing — action is required to give effect to most property terms.

• Get certified copies — order sealed copies ($50 each) for banks, land titles offices, and superannuation funds. Most institutions require a sealed copy before acting on an order.
• Register property transfers — lodge transfers with your state land titles office within required timeframes. Stamp duty exemptions for family law transfers apply in most states but must be applied for.
• Notify superannuation funds — provide orders to the relevant funds to implement any splitting arrangement. Funds require a sealed copy plus sometimes a payment flag letter.
• Update financial accounts — close joint accounts, transfer funds as ordered, and update signatories on any accounts that continue.
• Keep copies safely — store sealed and plain copies of your orders securely. You may need them years later for compliance, enforcement, or refinancing purposes.

Common questions