Consent Orders — your agreement, with the force of law.

What are consent orders?

Consent orders are orders the Federal Circuit and Family Court of Australia makes based on an agreement the parties have already reached. You and your former partner agree the terms (typically through mediation), file the application with the court, and a registrar reviews and approves the orders. From that point on, the orders are legally binding — enforceable in exactly the same way as orders made after a contested hearing.

The key distinction: there's no contest. You're not asking the court to decide between competing positions — you're asking it to formalise a position you've already agreed. The court's job is to make sure the orders are just and equitable (for property) or in the best interests of the children (for parenting), then sign them off.

When you need them

You don't strictly need consent orders for every separation — but you need them in any situation where you want the agreement to be legally enforceable. That's most situations.

• For property settlement, consent orders are usually essential. Without them, either party can technically come back and make a property claim later (subject to time limits). Orders close the door on future claims.
• For parenting arrangements, consent orders aren't strictly required — a parenting plan can do the job in stable, cooperative situations. But where there's any risk of breach or future dispute, consent orders give you enforceability.
• For superannuation splitting, consent orders (or a BFA) are essentially required — super funds need the formal order to action a split.

For parenting and property

The same court process covers both. You can file consent orders for parenting only, property only, or both together. Many separating couples do both together — one application, one filing fee, one set of approved orders covering the whole picture.

The court applies different tests:

• For property: the orders must be just and equitable in all the circumstances. The registrar checks the agreement against the asset pool and the four-step framework. See the four-step framework →
• For parenting: the orders must be in the best interests of the children. The registrar checks the arrangement is workable and child-focused. See the best-interests test →

How the process works

1. Reach agreement — through mediation, direct negotiation, or with lawyers.
2. Draft the orders — the agreement is translated into the precise legal language the court needs. This matters: vague orders cause problems later.
3. Prepare the Application for Consent Orders (Form 11) — the supporting document covering financial disclosure, the asset pool, contributions, future needs.
4. Both parties sign the application and the proposed orders.
5. File with the court — electronically through the Commonwealth Courts Portal.
6. The court reviews — a registrar checks the application against the legal tests. They may ask for clarification or amendments.
7. Orders made — typically within four to eight weeks, depending on workload. You receive sealed orders.

You generally do not need to attend court. The process is paper-based (or, more accurately, screen-based). See the consent orders explainer →

Costs and timeframes

Consent orders are dramatically cheaper than a contested matter, and reasonably predictable in cost:

• Court filing fee: a few hundred dollars, payable when the application is lodged. Fee reductions may apply for eligible applicants.
• Drafting and supporting documents: typically $1,500–$3,500 depending on complexity. Property matters with businesses or trusts are at the higher end.
• Time to orders being made: typically 4–8 weeks from filing.

That's the whole picture — no hourly billing, no surprises. Compare it to the $50,000–$200,000+ per side that contested litigation can run.

How the court reviews them

The registrar isn't rubber-stamping. They look for specific things:

• For property: does the proposed division appear just and equitable? Are the financial disclosures sensible? Has super been addressed?
• For parenting: are the arrangements practical and child-focused? Are there safety concerns the orders need to account for?
• Drafting: are the orders clear, specific and enforceable? Vague orders cause future disputes.

If something doesn't sit right, the registrar will come back with questions or suggested amendments. This is why getting the application well-drafted up front saves time — the application either sails through or it gets bounced back for revision.

Consent orders vs binding financial agreement

Both make a property/financial agreement binding, but they're different paths:

Consent orders vs BFA

	Consent orders	Binding financial agreement
Court involved?	Yes — reviewed and approved	No — private contract
Legal certainty	Very high	High, with caveats
Independent legal advice required?	Recommended, not required	Required for both parties
Court fee	Yes	No
Time to finalise	4–8 weeks	Days, once advice is done
Can cover parenting?	Yes	No — financial only
Risk of being set aside	Very low	Slightly higher

For most separating couples, consent orders are the safer, more comprehensive option. BFAs make sense in specific cases. See which is right for you →

Changing or enforcing orders

Consent orders are durable but not entirely immovable:

• Property orders are essentially final — they can only be set aside in narrow circumstances (fraud, miscarriage of justice, fundamental change). That finality is exactly the point of having them.
• Parenting orders can be varied if there's been a significant change in circumstances — but only by application to the court, not by private agreement.
• Enforcement: where one party breaches an order, the other can apply to enforce it. Breaches carry real consequences, which is exactly why orders are more protective than a parenting plan.