Form 11B: Consent Orders - Complete Guide to Agreement Formalisation (2026)

This page covers the Form 11B: Application for Consent Orders — the court-form pathway for formalising an existing agreement. For a broader overview of consent orders including costs, timelines, and DIY guidance, see the Complete Consent Orders Guide.

Understanding consent orders

Consent orders are final, binding court orders that formalise an agreement between parties without requiring a contested hearing. They represent the most efficient and cost-effective pathway to certainty in Australian family law.

When both parties have reached full agreement on parenting arrangements, property division, spousal maintenance, or any combination thereof, consent orders transform that private agreement into a judicially-endorsed order with the full force and enforceability of any contested final order.

Legal status: fully enforceable court orders

Once approved by a Family Court registrar, consent orders carry identical legal weight to orders made after a contested final hearing. They are not merely contracts or agreements — they are court orders subject to the same enforcement mechanisms and penalties for breach.

Types of consent orders

A single Form 11B application can address parenting matters, property matters, or both simultaneously.

Parenting consent orders formalise agreed arrangements for children including living arrangements, parenting time schedules (specific times, changeover logistics, and holidays), parental responsibility (sole or shared decision-making), communication protocols, and specific issues such as schooling, religion, medical treatment, and international travel.

Property consent orders divide and distribute the matrimonial pool including real property (family home, investment properties), financial assets (bank accounts, shares, investments), superannuation splitting, business interests, debt allocation, and spousal maintenance.

Parties can file a single application addressing both categories simultaneously, or address only one whilst leaving the other to contested proceedings or future negotiation.

Why consent orders over other options

Contested final hearings can cost $30,000–$150,000+ in legal fees, expert reports, and barrister costs. Consent orders applications require only the filing fee ($205) plus drafting assistance if desired. Contested matters often take 18–36 months from filing to final hearing; consent orders applications are typically processed within 4–12 weeks by registrar desktop review.

Unlike informal agreements or parenting plans (which lack enforcement mechanisms), consent orders are legally binding. Breach attracts contravention or enforcement proceedings with penalties including compensatory time, costs orders, bonds, fines, or imprisonment.

There is no cross-examination, no hostile courtroom confrontation, and no public hearing. The desktop approval process preserves cooperative relationships and protects children from exposure to parental conflict. Critically, you craft the precise terms rather than accepting a judge's imposed outcome after trial.

When to file

The timing of your consent orders application carries strategic significance. Understanding when to file — and when to wait — can determine whether your agreement receives smooth approval or encounters registrar resistance.

Parenting consent orders: immediate or staged

There is no mandatory waiting period for parenting consent orders post-separation. However, registrars view untested arrangements with caution. A 3–6 month trial period demonstrating successful implementation significantly improves approval prospects, particularly for equal or substantial-and-significant time arrangements.

File immediately when:

Separation has occurred and you've reached full agreement on all parenting arrangements.
A trial parenting schedule has been successfully operating for 3–6+ months, demonstrating workability.
Risk of future conflict is high and you need enforceable orders to prevent backsliding or manipulation.
International travel or relocation is planned requiring court-endorsed permission.
Government benefits (Family Tax Benefit Part A, Child Care Subsidy) require proof of care percentage.

Consider delaying when:

Children are very young and arrangements may need flexibility as developmental needs evolve.
The trial period is insufficient — registrars scrutinise untested arrangements, particularly for infants.
Informal cooperation works well and both parties prefer flexibility over rigid court orders.
Significant life changes are imminent (employment relocation, new partner, school transition) that may render orders obsolete.

Property consent orders: timing constraints

Unlike parenting orders (which have no time limit), property consent orders are subject to strict statutory deadlines under sections 79 and 90SM of the Family Law Act 1975:

Marriages: 12 months from the date divorce becomes final.
De facto relationships: 2 years from the date of final separation.

Missing the deadline

If the statutory time limit expires without filing consent orders (or a contested property application), you lose the right to apply for property orders unless you obtain special leave under section 79(2) or 90SM(3). Obtaining leave requires satisfying the court that exceptional circumstances exist and that hardship would result from refusal — a high threshold. Never allow time limits to expire.

File property consent orders promptly after reaching agreement. Assets can change value, parties can develop buyer's remorse, and unexpected life events (new relationships, health crises, financial windfalls) can destabilise informal agreements. Formalisation provides certainty and prevents future disputes.

Optimal filing windows include:

Immediately upon full agreement — don't delay once negotiations conclude successfully.
After divorce finalisation for married couples (triggers the 12-month countdown).
Before major asset transactions (property sales, superannuation rollovers) to ensure court endorsement.
When tax implications are optimised (particularly capital gains tax rollover relief under subdivision 126-A ITAA 1997).

Step-by-step guide

This roadmap covers each stage of preparing, filing, and securing approval for your consent orders application.

Step 1 — Reach full agreement on all terms

Before any consent orders application can be filed, both parties must have achieved complete agreement on every substantive term. The consent orders pathway is unavailable for partial settlements — disputes on even a single issue require contested determination.

What "full agreement" requires:

Parenting: Living arrangements, parenting time schedules (including holidays and special occasions), decision-making responsibility, communication protocols, changeover logistics, and all special conditions.
Property: Percentage division, specific asset allocation, sale or retention of real property, superannuation splitting percentages, debt responsibility, payment timelines, and tax implications.
Spousal maintenance: Amount, frequency, duration, variation triggers, and cessation events (remarriage, death, specified date).

Document your agreement comprehensively in writing before beginning formal drafting. Ambiguities, unstated assumptions, or "we'll figure it out later" provisions will derail the application when conflicting interpretations emerge during affidavit preparation.

Step 2 — Draft proposed orders in proper form

Draft orders are the schedule of proposed court orders attached to your Form 11B application. These must comply with strict formatting requirements and drafting conventions to be acceptable for registration.

Mandatory formatting requirements:

Title block: Include court file number, court location, and parties' full names and roles (Applicant/Respondent).
Introduction: Begin with THE COURT ORDERS THAT: or BY CONSENT, THE COURT ORDERS THAT:
Sequential numbering: Each order must be numbered consecutively (1, 2, 3…).
Complete sentences: Each numbered paragraph must be a grammatically complete, standalone sentence.
Precise language: Use specific dates, times, locations, and percentages — no vague or conditional terms.

Correct vs. incorrect drafting

Correct: "The child, Emily Jane Smith (born 15 March 2018), live with the Mother. The child spend time with the Father each alternate weekend from Friday at 6:00 pm until Sunday at 6:00 pm."

Incorrect: "Child lives with mother most of the time. Father gets reasonable access on weekends when convenient." — "most of the time" is unenforceable; "when convenient" creates irresolvable ambiguity.

The Federal Circuit and Family Court of Australia provides precedent consent order templates on their website. Many self-represented parties also engage lawyers for limited-scope drafting assistance — paying $500–$1,500 for professional order drafting whilst handling the remaining application themselves.

Step 3 — Complete Application for Consent Orders (Form 11B)

Form 11B is the standardised application document that accompanies your draft orders. It provides the court with jurisdictional information and identifies the nature of the orders sought.

Form 11B requires:

Court file number: If existing proceedings, otherwise leave blank for registry allocation.
Court location: Select the registry closest to either party's residence or the child's residence.
Parties' details: Full legal names, addresses for service, contact details.
Children's details: Full names and dates of birth (parenting matters only).
Type of orders: Indicate parenting, property, spousal maintenance, or combination.
Draft orders schedule: Attached as an annexure to Form 11B.

A common error: applicants sometimes attach minutes of consent orders signed by both parties. These are not required and can create confusion. The draft orders schedule should be unsigned — it is a proposed order for registrar approval, not a contract between parties.

Step 4 — Prepare affidavits in support (both parties)

Each party must swear and file an affidavit addressing the mandatory requirements for consent orders approval. These affidavits provide the registrar with evidence that consent is genuine, informed, and that the proposed orders meet approval criteria.

Mandatory affidavit content for all applications:

Genuine consent declaration: "I freely and voluntarily consent to the proposed orders without pressure, coercion, or duress."
Understanding of rights: Acknowledgment that you understand your legal rights and obligations under the proposed orders.
Legal information status: Confirm either receipt of independent legal information or a conscious decision to proceed without it.
Factual background: Brief relationship history, separation date, and the negotiation process leading to agreement.

For parenting consent orders, also include: a declaration that orders are in the child's best interests, evidence of a trial period if arrangements were tested pre-application, the child's views (if obtained and age-appropriate), and family violence disclosure (Form 11 filed if applicable).

For property consent orders, also include: a declaration that orders are just and equitable, confirmation of full and frank financial disclosure, asset and liability values with supporting evidence, and consideration of section 75(2) factors (contributions and future needs).

Step 5 — Attach financial disclosure (property matters)

For property consent orders, both parties must file Form 13 Financial Statements with comprehensive annexures. File updated statements with: 3–6 months of bank statements, current superannuation statements, professional property valuations, loan statements, business accounts, and share portfolios. Date all documents within 90 days of application filing.

Step 6 — File the application bundle electronically

Lodge the complete application package via the Commonwealth Courts Portal: Form 11B application, draft orders schedule, both parties' affidavits with all annexures, and any financial disclosure documents. Pay the applicable filing fee ($205 as at 2026, in force since 1 July 2025 and subject to annual indexation; hardship exemptions available).

Critical mistakes to avoid

These errors account for the majority of rejected consent orders applications. Avoiding them prevents wasted time, duplicate filing fees, and application refusal.

Inadequate financial disclosure (property matters)

Property consent orders require full and frank disclosure of all financial circumstances. Incomplete, outdated, or misleading disclosure results in automatic refusal. Common failures include:

Financial Statements older than 6 months (registrars reject stale valuations).
Missing recent bank statements, superannuation balances, or asset valuations.
Undisclosed assets, liabilities, or income sources (whether deliberate or accidental).
Property valuations without supporting appraisal reports or comparable market analysis evidence.

Unenforceable or vague order terms

Consent orders must be certain, specific, and capable of enforcement. Vague, conditional, or aspirational terms cannot be registered as binding court orders. Examples of unenforceable language:

"Parties to communicate respectfully about the children."
"Father to spend reasonable time with children when convenient."
"Wife may keep the home if she can refinance."

Enforceable alternatives specify exact times, amounts, and mechanisms — for example: "Father spend time with children each alternate weekend from Friday 6:00 pm to Sunday 6:00 pm" and "Wife retain property at [address] and pay Husband $200,000 within 90 days of these orders."

Affidavit deficiencies

Registrars review affidavits closely. Common deficiencies include: boilerplate language without factual support, failing to confirm independent legal information status, omitting the best-interests analysis for parenting orders, and not addressing known power imbalance factors (such as existing family violence notices).

Expert insights

These insights reflect registrar perspectives, judicial priorities, and tactical intelligence that separate successful consent orders applications from those requiring amendment or listing for inquiry.

The genuine consent test

Registrars are required to satisfy themselves that consent is genuine — meaning free, voluntary, and informed. This goes beyond merely signing affidavits; it requires evidence demonstrating authentic agreement without coercion, power imbalance exploitation, or procedural unfairness.

Red flags that trigger inquiry:

Power imbalance indicators: Family violence notices (Form 11) on file, protection orders, significant education, language, or financial disparities between parties.
Disproportionate outcomes: Property division heavily favouring one party without clear explanation via section 75(2) factors.
Rushed timeline: Agreement reached and filed within days or weeks of separation, suggesting inadequate reflection or pressure.
Waiver of independent legal advice: Disadvantaged party proceeding unrepresented in a complex property settlement.

Address power imbalance concerns proactively in affidavits. If family violence history exists, explicitly detail how safeguards protect genuine consent — independent legal advice obtained, support persons present during negotiations, time given for reflection. For disproportionate outcomes, provide a detailed explanation via section 75(2) analysis.

The just and equitable test for property orders

Even where both parties agree on a property division, the registrar must be satisfied the outcome is just and equitable under section 79(2) or s90UB of the Family Law Act. The court cannot simply rubber-stamp an agreement — it exercises an independent protective function.

To satisfy this test, affidavits should address: the approximate asset pool value, each party's financial and non-financial contributions during the relationship, future needs considerations under section 75(2) (including age, health, earning capacity, and responsibility for children), and a brief explanation of why the agreed division is fair given all circumstances.

Evidence requirements

Consent orders applications require comprehensive supporting evidence beyond the affidavits themselves.

Complete filing checklist

Document	Required for	Notes
Form 11B Application for Consent Orders	All applications	With draft orders schedule attached as annexure (unsigned)
Affidavit — Applicant	All applications	Addresses genuine consent, rights understanding, and legal information status
Affidavit — Respondent	All applications	Same requirements as Applicant affidavit
Form 13 Financial Statement (both parties)	Property matters	Filed by both parties; dated within 90 days of application
Bank statements (3–6 months, all accounts)	Property matters	Annexed to Financial Statements
Superannuation member statements	Property matters	All funds; current balance required
Professional property valuations	Property matters (real property)	Registered valuer; dated within 3–6 months
Form 11 Family Violence Notice	Where applicable	Required if family violence allegations exist

What happens after filing

After filing your complete consent orders application, the registrar conducts a desktop review without requiring court attendance. Understanding this process prepares you for the possible outcomes.

Registrar desktop review

A Family Court registrar will assess your application against approval criteria on the papers, typically within 4–12 weeks depending on court location and complexity.

Approval: Orders made and sealed copies issued to both parties — binding immediately.
Inquiry listing: If concerns arise about genuine consent, financial fairness, or child welfare, the matter is listed for a hearing where both parties must attend and answer questions. This adds approximately 6–12 weeks.
Refusal: Written reasons are provided explaining deficiencies. Applicants may address the identified concerns and re-apply with amended orders and additional evidence.

If the registrar refuses your application, this does not prevent you from re-applying with an improved application or pursuing a contested final hearing application to have a judge determine the matter.

Common questions

Do I need a lawyer to apply for consent orders?

No, you can apply for consent orders without legal representation. However, your affidavit must confirm you either received independent legal information about your rights and the effect of the proposed orders, or knowingly chose to proceed without it. Many registrars prefer evidence of legal consultation, particularly for complex property settlements.

How long does it take to get consent orders approved?

Registrar approval timeframes vary by court location and workload, typically ranging from 4 to 12 weeks. Simple parenting consent orders with clear affidavit evidence often process faster than complex property settlements requiring detailed financial scrutiny. If listed for inquiry, expect additional 6–12 weeks delay.

Can consent orders be changed later if circumstances change?

Yes, but the threshold is high. Parenting consent orders can be varied by further consent orders or contested variation application under section 65Z Family Law Act if there has been a significant change in circumstances affecting the child's welfare. Property consent orders are final and binding, alterable only in exceptional circumstances such as fraud, non-disclosure, or unconscionable conduct.

What happens if the other party stops following the consent orders?

Consent orders, once approved, are enforceable court orders with identical status to contested final orders. For parenting order breaches, file a contravention application. For property order non-compliance, enforcement mechanisms include garnishee orders, writs of execution, property seizure, or contempt proceedings. Breach carries serious legal consequences.

Do we need to attend court if we apply for consent orders?

Usually no — that's the primary benefit of consent orders. The registrar conducts a desktop review without requiring appearance. However, if the registrar identifies concerns about genuine consent, fairness, or child welfare, the matter will be listed for an inquiry hearing requiring both parties' attendance to answer questions.

Can I apply for consent orders if there's family violence?

Yes, but the registrar will scrutinise whether consent is genuine or was obtained through coercion, intimidation, or power imbalance. If family violence notices (Form 11) have been filed or protection orders exist, expect heightened inquiry into whether the disadvantaged party truly understands their rights and freely agrees to the proposed orders without duress.

What if we only agree on parenting but not property — can we get partial consent orders?

Yes, absolutely. You can apply for parenting consent orders whilst leaving property matters unresolved (or vice versa). The consent orders application is confined to the specific matters on which agreement has been reached. Remaining disputed issues proceed through the standard contested application pathway.

How much does it cost to file consent orders?

As at 2026, the filing fee for an application for consent orders is $205 (in force since 1 July 2025, subject to annual indexation). Financial hardship exemptions are available for eligible applicants. Unlike contested proceedings, there are no ongoing hearing fees, barrister costs, or expert report expenses — making consent orders significantly more cost-effective.

Can consent orders deal with child support payments?

Yes, but with important limitations. The court can make consent orders for child support, but such orders can be departed from by either party through a Child Support Agency assessment at any time — unlike other final orders. Many parties therefore use administrative child support assessments rather than consent orders for child support.

What if the registrar refuses our consent orders application?

The registrar will provide written reasons explaining deficiencies — commonly inadequate disclosure, unfair property division, or parenting arrangements not in the child's best interests. You can address identified concerns and re-apply with amended orders and additional evidence, or alternatively proceed with a contested final hearing application to have a judge determine the disputed matters.