Key takeaway: Consent orders convert a negotiated agreement — reached through mediation or direct negotiation — into a legally binding court order without a contested hearing. In 2026, the FCFCOA continues to process most consent order applications on the papers in 8–12 weeks, though parenting orders now require stronger evidence that the orders are in the best interests of the child following the 2025 family law reforms.
What Are Consent Orders?
Consent orders are orders made by the Federal Circuit and Family Court of Australia based on an agreement the parties have reached themselves — without a contested hearing. The court reviews the proposed orders and, if satisfied they are appropriate, seals them. At that point the agreement becomes a court order, enforceable in the same way as any order made after a contested hearing.
Consent orders are used for two main purposes in family law:
- Property and financial settlement — dividing assets, liabilities, superannuation, and spousal maintenance.
- Parenting arrangements — formalising who the children live with, when they spend time with each parent, and how decisions about their welfare are made.
The key distinction from a binding financial agreement (BFA) is that consent orders are court-approved. A BFA is a private contract; if one party later claims it was signed under duress or without independent legal advice, it can be set aside. Consent orders offer stronger protection.
What Changed in 2025–2026
The 2025 amendments to the Family Law Act 1975 introduced the most significant changes to parenting consent orders in a generation. The key practical impacts for 2026 applications are:
- Best interests threshold is higher. The reforms removed the presumption of equal shared parental responsibility. When reviewing parenting consent orders, the court now focuses squarely on the best interests of the child, and applications that do not demonstrate this clearly are more likely to be returned.
- Greater scrutiny of safety concerns. Applications that do not address whether family violence, abuse, or neglect are present — or have been considered — are increasingly being queried before orders are sealed.
- Updated fee schedule. See the FCFCOA fee schedule for current filing fees. Fee waiver applications remain available for genuine financial hardship.
- Digital filing. The Commonwealth Courts Portal accepts all consent order applications electronically. Paper filing remains available but is slower.
Before applying for consent orders, a mediated agreement is usually the fastest path. We can help.
Book a free consultation →Parenting Consent Orders vs Property Consent Orders
| Parenting orders | Property / financial orders | |
|---|---|---|
| Court test | Best interests of the child | Just and equitable |
| Filing fee | None for parenting only | See current FCFCOA schedule |
| Time limit to apply | None (children under 18) | 12 months from divorce; 2 years from end of de facto |
| Changed circumstances | Can apply to vary if major change | Final once made — harder to vary |
| Mediation required? | Required before filing if in dispute (s60I) | Not legally required but strongly recommended |
How to Apply for Consent Orders in 2026
The application is filed through the Commonwealth Courts Portal. You will need:
- Application for Consent Orders — the cover form.
- Minute of Consent Orders — the draft orders themselves, setting out exactly what is being agreed. This is the most important document: poorly drafted minutes are the most common reason applications are returned.
- Financial statements (for property matters) — each party's financial circumstances.
- Superannuation splitting orders (if applicable) — must comply with the superannuation splitting regime and be served on the fund trustee.
Western Australia has a separate family law jurisdiction. Parties in WA apply to the Family Court of Western Australia rather than the FCFCOA.
Poorly drafted consent orders are the main reason applications are returned. Get the minute right.
Speak with our team →The Role of Mediation in Consent Orders
Consent orders are the document — mediation is often how you reach the agreement they record. The two work together: mediation gives you the negotiated outcome; consent orders lock it in as a court order.
For parenting matters, a s60I certificate from an accredited family dispute resolution practitioner is required before most contested applications can be filed. Even for uncontested applications, a mediated agreement demonstrates to the court that the parties turned their minds to the children's best interests collaboratively.
For property matters, mediation is not legally required, but it is often the most cost-effective path to an agreement. A property settlement reached in a single mediation session — typically a full day (6.5 hours) — costs a fraction of contested court proceedings and produces an outcome the parties have shaped themselves, not one imposed by a judge.
The Attorney-General's Dept — Family Dispute Resolution notes that family dispute resolution resolves the majority of family law matters without any court intervention.
How Long Do Consent Orders Take in 2026?
For property and financial orders, most applications are processed on the papers by the FCFCOA in 8–12 weeks from filing, assuming the documents are complete and correctly drafted. Parenting-only applications are generally faster (4–8 weeks). Applications that are returned for amendment — the most common cause of delay — can add 4–8 weeks depending on how quickly the parties can correct and refile.
The most common reasons for return are:
- Vague or ambiguous parenting orders that do not address all living and time arrangements clearly
- Superannuation splitting orders that have not complied with the procedural requirements (flagging, serving the trustee)
- Financial statements that are incomplete or inconsistent
- Parenting applications that do not address the best interests of the child in the supporting material
Costs
| Item | Approximate cost |
|---|---|
| FCFCOA filing fee (financial/property) | See current FCFCOA fee schedule |
| FCFCOA filing fee (parenting only) | Nil |
| Lawyer to draft Minute of Consent Orders | $800–$2,500 per party (property) |
| Mediation session (full day, per person) | $2,250 + GST |
| Superannuation flag + service | $200–$500 per fund |
Total cost for a straightforward property settlement reaching consent orders via mediation: typically $5,000–$10,000 per party including legal costs. Compare this with a contested property matter in the FCFCOA, where each party's legal costs routinely reach $50,000–$150,000+.
Mediation plus consent orders is typically the fastest and cheapest path to a final settlement.
Book a free consultation →After the Orders Are Made
Once sealed by the court, consent orders are binding and enforceable. Neither party can simply ignore them. If one party breaches a parenting order, the other can apply to the court for enforcement or a contravention order. Property orders are final — it is very difficult to set them aside after the fact without proving fraud, duress, or non-disclosure. This is why getting the agreement right before applying matters: once made, you will likely be living with these orders for years.
Common Mistakes to Avoid
- Vague parenting orders. "Reasonable time with each parent" is not a consent order — it is an invitation to future conflict. Orders need to specify days, times, handover locations, and what happens on public holidays.
- Not disclosing all assets. If a party fails to disclose an asset and this is later discovered, the orders can be set aside on the grounds of non-disclosure. Full and frank disclosure is a legal obligation.
- DIY minute drafting. The minute of consent orders is a precise legal document. Non-lawyers frequently make errors that cause the application to be returned, or that leave ambiguities that cause disputes later.
- Missing the time limits. For property matters, there is a 12-month time limit after a divorce order to apply for property consent orders. De facto couples have 2 years from separation. Missing these limits requires leave of the court.
Related guides: Consent orders explained · Property settlement after separation · How much does mediation cost?