Consent Orders in Australia: The Complete Guide

What Are Consent Orders?

Consent orders are court orders made with the agreement of both parties. They formalise arrangements for property division, parenting, or both, and have the same legal effect as orders made after a contested court hearing.

The legal basis

Consent orders are authorised under the Family Law Act 1975:

• Property orders — Section 79 (married couples) and Section 90SM (de facto couples) give the Court power to make orders altering property interests.
• Parenting orders — Part VII of the Act covers parenting arrangements, with the child's best interests as the paramount consideration.

Consent orders vs other options

Types of Consent Orders

Consent orders can address parenting arrangements, property division, or both. Understanding what can be included helps ensure your orders are comprehensive.

Parenting orders

Parenting consent orders set out arrangements for children after separation. The Court must be satisfied they are in the child's best interests (Part VII, Family Law Act 1975). Parenting consent orders can cover:

• Who the child lives with — primary residence and living arrangements.
• Time with each parent — regular schedules, weekends, school terms.
• Parental responsibility — decision-making for major long-term issues.
• Holiday arrangements — school holidays, Christmas, birthdays.
• Communication arrangements — phone calls, video calls, messaging.
• Changeover logistics — where, when, and how handovers occur.

Property orders

Property consent orders divide assets, debts, and superannuation (Section 79 / 90SM). The Court must be satisfied the arrangement is just and equitable. Property consent orders can cover:

• Real estate division — family home, investment properties.
• Superannuation splitting — percentage or base amount splits.
• Bank accounts and investments — savings, shares, managed funds.
• Vehicles and personal property — cars, furniture, valuables.
• Debt allocation — mortgages, loans, credit cards.
• Spousal maintenance — ongoing or lump sum support.

Eligibility & Time Limits

Understanding who can apply and the time limits is essential. Missing a deadline doesn't make consent orders impossible, but does complicate the process.

Who can apply

• Married couples — current or former spouses.
• De facto couples — including same-sex relationships.
• Parents (parenting orders) — regardless of relationship status.

For de facto property matters, the Court must have jurisdiction. This generally requires the relationship to have been at least 2 years, or that there is a child of the relationship, or significant contributions were made.

Critical time limits

The Application Process

The consent orders process is straightforward compared to contested proceedings. Here's what is involved from start to finish.

Step 1 — Reach agreement

Before you can apply for consent orders, both parties must agree on the terms. This might happen through direct negotiation, with the help of a mediator, or through lawyers.

• Agreement must cover all matters to be included in the orders.
• Consider using family dispute resolution if direct talks aren't working.
• Document key points of agreement in writing.

Step 2 — Draft the proposed orders

Write out the specific terms you've agreed to. The orders need to be in the correct legal format — clear, specific, and capable of being enforced.

• Use plain English wherever possible.
• Be specific — avoid vague terms like "reasonable time."
• Ensure orders can actually be enforced if breached.
• Number each order separately.

Step 3 — Complete the application form

Fill out the Application for Consent Orders. For property matters, you'll also need to complete financial disclosure requirements.

• Parenting applications: Application for Consent Orders, proposed consent orders, parenting questionnaire.
• Property applications: Application for Consent Orders, proposed consent orders, statement/declaration of financial circumstances.

Step 4 — Both parties sign

Both parties must sign the application and the proposed orders. Signatures must be original — the Court won't accept photocopied signatures.

• Both parties must sign in the presence of a witness.
• Witness must also sign and print their name.
• If a party is overseas, special arrangements may apply.

Step 5 — File with the Court

Submit your application through the Commonwealth Courts Portal and pay the filing fee. The filing fee is $205 (in force since 1 July 2025). You'll need to create a Commonwealth Courts Portal account if you don't have one.

Step 6 — Court assessment

A Registrar reviews your application. Unlike contested proceedings, there's no court hearing — the assessment happens "on the papers." The Registrar will either approve the orders, raise queries requiring further information, or decline to make the orders and request amendments.

Filing Fees & Costs

One of the biggest advantages of consent orders is cost. The difference between consent orders and contested proceedings is substantial.

The cost difference

Complex contested matters can cost $200,000–$300,000 per party when they proceed to a full trial. At $300–$700 per hour for legal representation, costs accumulate quickly over multi-year proceedings.

Fee exemptions and concessions

You may be eligible for a full exemption from the filing fee if you hold a Health Care Card, Pensioner Concession Card, Commonwealth Seniors Health Card, or a Legal Aid Grant. Financial hardship exemptions may also be available — apply when filing your application and provide supporting evidence.

Additional costs to budget for

• Certified copies — approximately $50 each (needed for banks, land titles, super funds).
• Property transfer fees — varies by state (stamp duty exemptions often apply).
• Super fund processing — $0–$200 depending on the fund.
• Optional legal review — $500–$1,500 for a lawyer to check your draft orders before filing.

What the Court Considers

Even though you've agreed, the Court still reviews your consent orders before making them. Understanding what Registrars look for helps ensure your application succeeds.

Property orders — Section 79(2) requirements

For property consent orders, the Court applies Section 79(2) and must be satisfied that the arrangement is just and equitable in all the circumstances, that both parties have made full financial disclosure, and that the agreement was reached freely and voluntarily without duress.

Parenting orders — best interests under Section 60CA

For parenting consent orders, the Court's paramount consideration is the child's best interests under Section 60CA. The Court considers:

• Safety first — protection from harm, abuse, and family violence.
• Meaningful relationships — the benefit of a relationship with both parents.
• Section 60CC factors — views of the child, practical arrangements, and other considerations.

After Orders Are Made

Once the Court makes your consent orders, there are practical steps to implement them and important things to know about enforcement and variation.

Implementation steps

1. Get certified copies. Order sealed copies for banks, land titles offices, and super funds (approximately $50 each).
2. Property transfers. Lodge with the relevant state land titles office within any timeframe specified in the orders.
3. Super fund notification. Provide a copy of the orders to the relevant funds to action any splitting provisions.
4. Update financial accounts. Notify banks and investment platforms of any changes to account ownership.
5. Keep records. Store certified copies safely — you may need them for future reference.

If orders are breached

Consent orders are enforceable court orders. If breached, you can file a contravention application. Consequences can include make-up time (for parenting orders), fines, community service, or in serious cases, imprisonment.

Varying orders

Orders can be varied if there is a significant change in circumstances. Both parties agreeing doesn't automatically mean the Court will vary — you need to demonstrate why the change is warranted. For parenting orders, common reasons for variation include the child getting older, a parent relocating, or changes in the child's needs or wishes.

Common questions