Key takeaway: Consent orders are written agreements approved by the Federal Circuit and Family Court that become legally binding without a hearing. They can cover property, finances and parenting. You apply jointly, a registrar checks the terms are just and equitable (for property) or in the child's best interests (for parenting), and the filing fee is modest — far cheaper than litigation.
What are consent orders?
Consent orders are an agreement between separating parties that a court has approved and turned into formal orders. Once made, they carry the same legal force as orders a judge would impose after a contested hearing — except you reach them yourselves and avoid the hearing entirely. They can deal with property and financial matters, parenting arrangements for children, or both in the one application.
The point of formalising an agreement this way is certainty. A handshake deal, or even a signed written one, is not automatically enforceable; consent orders are. For property, they also close the door on future claims between you, so neither party can come back years later for a second bite. According to the FCFCOA consent orders, the process is designed to be straightforward where the parties already agree — the court is checking your agreement, not re-running the dispute.
That distinction matters: consent orders are the formalisation step, not the negotiation. The hard part is reaching a fair agreement in the first place. Court has its place for genuine disputes, but where you can agree, consent orders let you keep control of the outcome instead of handing it to a judge.
Reached an agreement and want to make it official? We'll help you turn it into binding consent orders.
Book a free consultation →Parenting consent orders vs property consent orders
Consent orders come in two broad types, and the court applies a different test to each:
- Property and financial consent orders divide assets, debts and superannuation, and can deal with spousal maintenance. The court must be satisfied the division is "just and equitable".
- Parenting consent orders set out where children live, the time they spend with each parent, and how major decisions about them are made. Here the court's only concern is the best interests of the child.
You can apply for one or both, and most separating couples resolve everything together so the whole settlement is locked in at once. Parenting can also be handled less formally through a parenting plan, but a plan is not enforceable the way orders are — see how the instruments compare if you are weighing your options.
| Consent orders | Binding financial agreement | Contested hearing | |
|---|---|---|---|
| Legally binding | Yes | Yes | Yes |
| Court approves the terms | Yes (on the papers) | No (private contract) | Yes (a judge decides) |
| Independent legal advice required | No | Yes, for each party | Usually represented |
| Can cover parenting | Yes | No (financial only) | Yes |
| Typical cost | ~$200 filing fee + preparation | Higher (two lawyers advise) | Tens of thousands |
| You keep control of the outcome | Yes | Yes | No |
Already agreed on how to split things, or how the children's time will work? We'll turn it into binding consent orders — property, parenting, or both.
Book a free consultation →How to apply: the forms and the portal
When both parties agree, applying for consent orders is largely a paperwork exercise — there is no hearing to attend. The steps are:
- Reach a clear agreement — ideally through mediation, the most efficient way to settle every term and get it written down.
- Exchange full financial disclosure (for property) — each party must honestly set out their assets, liabilities, income and superannuation. The FCFCOA duty of disclosure makes this an ongoing duty, and orders made on incomplete disclosure can later be set aside.
- Prepare the documents — an Application for Consent Orders, which gives the court your financial and family details, plus a Minute of Consent Orders (the "minute of order") setting out the exact terms you want made.
- File online — the application is lodged electronically through the Commonwealth Courts Portal, with the filing fee paid at lodgement.
- Registrar review — a court registrar reads the application on the papers to check the orders are appropriate. You do not appear.
- Orders made and sealed — once approved, the orders are sealed with the court's stamp and are legally binding from that date.
Getting the Minute right is where applications most often stumble: vague, unworkable or one-sided terms can prompt the registrar to ask questions or decline to make the orders, which costs weeks. A precisely drafted minute that reflects a fair, mediated agreement usually goes through cleanly.
| Document | What it does |
|---|---|
| Application for Consent Orders | Gives the court your personal, family and financial details so it can assess the orders |
| Minute of Consent Orders | Sets out the exact orders you ask the court to make — the operative terms |
| Financial disclosure | Each party's assets, liabilities, income and superannuation (for property matters) |
| Superannuation documents | Where super is split: a valuation and notice to the fund trustee |
We prepare consent order applications that satisfy the court the first time — no costly back-and-forth.
Book a free consultation →Time limits: the deadline to apply
Property consent orders have a deadline, and it catches people out. Under the Family Law Act 1975:
| Situation | Deadline to apply |
|---|---|
| Married couples | Within 12 months of the divorce becoming final |
| De facto couples | Within 24 months of the date of separation |
| Parenting arrangements | No time limit — best interests apply at any time |
Applying after the deadline is not impossible, but you need the court's permission ("leave"), which is not guaranteed and adds cost and delay. Parenting orders have no equivalent time limit — a child's best interests can be addressed at any time — but it is always better to formalise arrangements while everyone is cooperating. If your deadline is approaching, don't let the paperwork drift. Read our property settlement guide →
How long do consent orders take?
Once filed, consent orders are typically processed within a few weeks, though timeframes shift with the court's workload at the time. There is no hearing date to wait for — a registrar simply reviews the papers when your application reaches the front of the queue.
The real variable is how long it takes to reach the agreement in the first place. That is where months can disappear if matters are left to drift or to lawyers' letters going back and forth. Mediation compresses that stage from months into a session or two, and then the formalisation is quick. See how long mediation takes →
The faster you reach agreement, the faster it's sealed. A mediation session or two is usually all it takes.
Book a free consultation →What do consent orders cost?
The court filing fee for an Application for Consent Orders is modest — around $200 — and is set out in the FCFCOA fee schedule. Fee reductions are available for people who hold certain concession cards or would face financial hardship. On top of the filing fee, your main cost is preparing the documents: a well-drafted Minute is worth the investment, because it is what makes the orders work.
Set that against a contested property case, which can consume tens of thousands of dollars — often a meaningful slice of the very asset pool you are dividing. Consent orders are one of the cheapest, most durable ways to lock in certainty. See our transparent fees →
Curious what your matter would cost to formalise? Book a free initial consultation and we'll give you a straight answer.
Book a free consultation →How the court checks your orders
A registrar will not simply rubber-stamp whatever you submit — and that protection is a feature, not an obstacle. For property, the orders must be "just and equitable" under the Family Law Act 1975. In practice the court works through a familiar four-step approach: identify and value the asset pool; weigh each party's financial and non-financial contributions; consider future needs (things like the care of children, age, health and earning capacity); then stand back to check the overall result is fair.
For parenting, the only test is the best interests of the child. The factors the court weighs were reshaped by recent reforms to the Family Law Act 1975 — see what changed. A well-prepared application that reflects a genuinely fair, child-focused agreement generally satisfies the registrar without difficulty. Learn what a fair division looks like →
Splitting superannuation by consent
Superannuation is treated as property under Australian family law, so it can be divided by consent orders just like other assets. A super split moves a portion of one person's superannuation into the other's fund; it does not turn super into cash, and the split amount stays preserved under the normal superannuation rules until a condition of release is met.
Two practical points trip people up. First, you generally need to value the interest properly before splitting it — especially for defined-benefit funds. Second, the law requires you to give the superannuation fund's trustee procedural fairness: the trustee must be notified of the proposed orders and given the chance to object before the court makes them. Building these steps in from the start avoids a knock-back. Read our superannuation and divorce guide →
Superannuation splits have technical traps. We'll make sure your orders are drafted so the fund and the court both accept them.
Book a free consultation →Can you change or set aside consent orders?
Yes, but not casually — and the difference between property and parenting matters.
Financial consent orders are usually final. That finality is the whole point: both of you can move on knowing the settlement is closed. A court will only set them aside in the limited circumstances set out in the Family Law Act 1975 — for example fraud or a failure to disclose assets, duress, a later event that makes the orders impracticable to carry out, or a default in performance. This is also why honest, complete disclosure at the start protects you: orders built on hidden assets are vulnerable.
Parenting consent orders can be changed where there has been a significant change in circumstances and it is in the child's best interests — ideally by fresh agreement (often revisited through mediation) rather than by going back to court. Children grow and lives shift, and the orders can evolve with them.
Circumstances changed and your orders no longer fit? Mediation can update them by agreement, without a court fight.
Book a free consultation →Enforcing consent orders if someone breaches
Because consent orders are court orders, ignoring them carries real consequences. For parenting orders, the other parent can file a contravention application; if a breach is proven without reasonable excuse, outcomes range from make-up time and attendance at a parenting program through to bonds, fines and, in the most serious cases, imprisonment. For financial orders, the court has enforcement mechanisms to compel payment or the transfer of property.
Enforcement is the last resort, not the first. Where a breach reflects a genuine change in circumstances or a misunderstanding, returning to mediation is usually the faster, cheaper way to resolve it — and often the way to update the orders so the problem does not recur. Talk to us about resolving a breach →