Services

Consent Orders

Reaching an agreement with your former partner about parenting arrangements or property division is an important step. However, a verbal agreement or informal arrangement will not provide the certainty or legal protection you need.

At Empower Family Law & Mediation, we can help you prepare and obtain consent orders.

What Are Consent Orders?

Consent orders are Orders made by the Federal Circuit and Family Court of Australia that record an agreement between you and your former partner. Once you’ve reached agreement, the orders are drafted and filed with the Court. Once made, they have the same force as orders made by a Judge and the Court can enforce them.

Why Obtain Consent Orders?

A verbal agreement, or even a signed document between the two of you, can’t be enforced by the Court, and either person can change their mind. Consent orders give your agreement legal force.

Benefits include:

Orders the Court can enforce.
Greater certainty for both parties.
Reduced risk of future disputes.
Formal finalisation of property matters.
Possible stamp duty and capital gains tax relief on property transfers in some circumstances.
Avoiding the time, stress and expense of Court proceedings.

Consent Orders for Parenting Arrangements

Parenting orders can set out where your children will live, how they will spend time with each parent and other people such as grandparents, how they will communicate with a parent they don’t live with, and how major decisions will be made.

The Court will only make orders it is satisfied are in the children’s best interests, so it may ask questions or request changes. You’ll also be asked about any family violence or safety concerns.

Consent Orders for Property Settlement

Property orders can deal with dividing assets and debts, transferring or selling property, refinancing a loan, splitting superannuation, and spousal maintenance. You’ll need to give the Court details of your financial circumstances, and it must be satisfied that the orders are just and equitable.

Time limits apply for property settlements; 12 months from when a divorce takes effect for a married couple, or 2 years from the date of separation for a de facto couple.

What Is the Difference Between Consent Orders and a Binding Financial Agreement?

Consent orders are approved by the Court and are usually made after separation. A Binding Financial Agreement is a private contract that can be made before, during or after a relationship. It isn’t reviewed by the Court, and each person must receive independent legal advice before signing. A Court can set it aside only in limited circumstances. A Financial Agreement deals only with financial matters and can’t lock in parenting arrangements.

Each suits different situations, and we can advise you on which is right for you. Refer to our Binding Financial Agreements page for more information.

If you have reached agreement or are considering entering into Consent Orders, please contact us on (03) 7020 6542 for assistance.

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Your first 30-minute consultation is free. Call (03) 7020 6542 or contact our team to discuss your circumstances and next steps.

Phone: (03) 7020 6542

Email: info@empowerfamilylaw.com.au

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Binding Financial Agreements (including Prenuptial Agreements)› Child Relocation› Child Support› De Facto Relationships› Divorce› Family Mediation› Family Violence and Intervention Orders› Grandparents and Other Carers› Parenting and Child Custody› Property Settlement› Separation› Spousal Maintenance› Superannuation› Urgent Family Law Issues›

The Court does not simply rubber-stamp your agreement

This is the point most people are surprised by. Even where both of you agree, the Court can only make the orders you ask for if they comply with the requirements of the Family Law Act 1975. In parenting matters the orders must be in the best interests of the child. In financial or property matters they must be just and equitable.

A Registrar considers the application. You are not required to attend court unless the Registrar asks you to. The Registrar will then either grant the application, email you seeking further information or amended documents, or dismiss the application. Agreements that are unworkable, internally inconsistent, or outside what the Act allows are routinely sent back, which is the main reason it is worth having the orders drafted properly the first time.

Consent orders can also be used to vary or discharge existing family law orders, not only to formalise a new agreement.

Time limits, and what to do if you are outside them

An Application for Consent Orders can be filed any time after separation, but should be filed within 12 months of a divorce becoming final, or within two years of the end of a de facto relationship.

If you are outside that window you need the Court's leave, and there are two steps that must both be taken: include an order granting leave to apply out of time as the first order sought in your proposed orders, and consent to the application proceeding out of time at Question 10A of the application. If you do only one of them, the Court might dismiss the application.

What you actually file

At least two documents are required: the Application for Consent Orders, which gives the Court the information it needs to decide whether the orders should be made, and a signed copy of the orders you want made.

A practical trap: you must also provide an identical unsigned Word (.docx) version of the proposed orders. It cannot be locked for editing, and must not contain tracked changes, images or macros. Each page of the signed orders must be signed by each party and dated, with each order set out in its own numbered paragraph.

Where parenting orders are sought you must also file a Notice of child abuse, family violence or risk. Parenting and financial or property orders can be sought in the same application.

If superannuation is being split

Consent orders that split superannuation carry extra requirements, and the timing one catches people out:

At least 28 days before filing, you must serve written notice on the trustee of the fund setting out the terms of the orders that will be sought to bind them, and telling them they may object in writing within 28 days of receiving the notice.
If the trustee does not object, you may file — but you must file proof of the trustee's non-objection and proof of the current value of the interest. Without that proof, the Court cannot make the orders.
You must attach proof of value, and where the Family Law (Superannuation) Regulations 2025 prescribe a method for valuing the interest, that method must be used.
Any base amount allocated cannot exceed the value of the interest.
The proposed orders must give each party and the trustee liberty to apply about implementing the superannuation orders.

Taxation consequences should be considered before the orders are signed, not after. Accounting advice is often worth taking alongside legal advice here.

Orders you cannot obtain this way

An Application for Consent Orders is the wrong vehicle for some things, including:

child maintenance where child support is payable under the Child Support (Assessment) Act — that is dealt with by Services Australia
a declaration about whether a de facto relationship existed
orders for a child to undergo a special medical procedure
orders under cross-vesting laws
a parenting order in favour of someone who is not a parent, grandparent or other relative
orders about a child born through a surrogacy arrangement, unless a parenting order has already been made about that child.

Each of these needs a different application, so it is worth checking the category before preparing documents.

One further limit is not a question of choosing the right form. Shared ownership or shared care of a pet cannot be ordered at all. Since 10 June 2025 the only orders available about a companion animal — including orders made by consent — are that one party own it, that it be transferred to another person who has consented, or that it be sold. An informal agreement to share a pet is perfectly possible, but it cannot be converted into a consent order, so nothing makes it enforceable. If you have agreed who keeps the animal, include that as an ownership order among the financial orders you seek.

The Court information on this page reflects the published guidance of the Federal Circuit and Family Court of Australia on applying for consent orders, as at 26 October 2026. Forms and requirements change. It is general information only, not legal advice, and does not replace advice about your own circumstances.

Drafting orders that actually work

The most common reason an Application for Consent Orders is returned is not that the agreement is unfair but that the orders cannot be implemented as drafted.

Orders need to be specific enough to be followed without further agreement between the parties, and without a third party having to interpret them. For property, that means naming the asset, identifying who does what, and stating when. For parenting, it means setting out arrangements in terms that work on an ordinary week without requiring negotiation each time, including how changeovers happen, what occurs in school holidays, and how each parent communicates with the child when the child is with the other.

Orders that depend on future agreement, or that use language like "as agreed between the parties", tend to reproduce the dispute rather than resolve it.

Where third parties are involved

The Court can only make consent orders if every person required to do something under those orders has agreed to them. In practice that most often means a superannuation trustee, where a splitting order is sought, and the notice requirements are strict: written notice at least 28 days before filing, a 28-day objection window, and proof of non-objection and of current value filed with the application.

Banks and other lenders are a related practical issue. An order that one party take over a mortgage does not by itself release the other from the loan: that requires the lender's agreement to a refinance, which is a separate commercial decision. Orders are best drafted with a realistic view of whether refinancing is achievable and what happens if it is not.

After the orders are made

Sealed orders are available to download from the Commonwealth Courts Portal once granted. Keep a copy somewhere you can find it: you will need it for conveyancing, for a superannuation fund to implement a split, and potentially years later if a question arises.

Final financial or property orders can be changed only in limited circumstances under sections 79A or 90SN of the Family Law Act. Parenting orders can be varied, but changing them is its own application with its own threshold — you cannot simply re-run the original case because circumstances have shifted.

If an order is not complied with, there is a separate compliance and enforcement process. Breaching a financial order can have serious consequences, including a finding of contempt of court in extreme cases.

Court information in this section reflects the published guidance of the Federal Circuit and Family Court of Australia, as at 27 October 2026. It is general information only, not legal advice.

Does the Court simply approve whatever we have agreed?

No. Even where both of you agree, the Court can only make the orders you ask for if they comply with the requirements of the Family Law Act. In parenting matters the orders must be in the best interests of the child; in financial or property matters they must be just and equitable. A Registrar considers the application and will either grant it, email you seeking further information or amended documents, or dismiss it. Agreements that are unworkable, internally inconsistent, or outside what the Act allows are routinely sent back, which is the main practical reason it is worth having the orders drafted properly the first time rather than treating the filing as a formality.

Do we have to go to court?

Generally no. You and the other party apply together by filing an Application for Consent Orders with a signed copy of the proposed orders attached, and you are not required to attend court unless the Registrar asks you to. Applications are filed electronically through the Commonwealth Courts Portal, and once granted, sealed orders can be downloaded from there. The person who lodges the application and pays the filing fee is listed as the applicant. Consent orders can also be used to vary or discharge existing family law orders, not only to formalise a new agreement, and parenting and financial or property orders can be sought together in the same application rather than separately.

Is there a deadline for filing consent orders?

An Application for Consent Orders can be filed any time after separation, but should be filed within 12 months of a divorce becoming final, or within two years of the end of a de facto relationship. If you are outside that window you need the Court's leave, and two steps are both required: the order granting leave to apply out of time must be the first order sought in your proposed orders, and you must consent to the application proceeding out of time at Question 10A of the application. If you do only one of them, the Court might dismiss the application. If you do not consent to the orders being made out of time, a different form is required altogether.

What documents do we have to file?

At least two: the Application for Consent Orders, which gives the Court the information it needs to decide whether the orders should be made, and a signed copy of the orders you want made, with each order set out in its own numbered paragraph and each page signed and dated by both parties. A practical trap is the additional requirement for an identical unsigned Word version of the proposed orders, which cannot be locked for editing and must not contain tracked changes, images or macro functions. Where parenting orders are sought you must also file a Notice of child abuse, family violence or risk, and where superannuation orders are sought, proof of value and proof of procedural fairness to the trustee.

Are consent orders legally binding?

Yes. Although they are made by agreement and can be obtained without a hearing, they are orders of the Court and each party must follow them. Breaching a financial order can have serious consequences, including being found in contempt of court in extreme cases, and there is a separate compliance and enforcement process for financial and property orders. Once final financial or property orders are made, including by consent, they can be changed only in limited circumstances under sections 79A or 90SN. That permanence is the point of obtaining them, but it is also the reason to be confident the orders say exactly what you intend, and that they can actually be implemented, before they are filed.

Is there anything we cannot do by consent orders?

Yes, and using the wrong form wastes time. An Application for Consent Orders is not the vehicle for child maintenance where child support is payable under the Child Support (Assessment) Act, which is handled by Services Australia; a declaration about whether a de facto relationship existed; orders for a child to undergo a special medical procedure; orders under cross-vesting laws; a parenting order in favour of someone who is not a parent, grandparent or other relative; orders about child support; or orders relating to a child born through a surrogacy arrangement, unless a parenting order has already been made about that child. Each of these requires a different application, so check the category before preparing documents.

Can we have a consent order for sharing our pet?

No. Since 10 June 2025 the only orders a court can make about a companion animal — and consent orders are court orders — are that one party own it, that it be transferred to another person who has consented to the transfer, or that it be sold. Shared ownership, shared care and arrangements for sharing possession are all outside the Court's power, so an application seeking one cannot succeed however complete your agreement is. You can of course agree privately to share a pet, and plenty of people do, but that agreement cannot be turned into an order and so binds nobody and is not enforceable. The practical approach is to decide between you who will own the animal, record that as an ownership order among the financial orders you seek, and deal with any sharing you intend as an informal understanding outside the orders, understanding that it depends on continuing goodwill. Orders already made are not affected by the change.