If you and your former partner have reached an agreement about parenting or property, consent orders are usually the best way to make it final. They have the same force as orders made after a court hearing, but are made on the papers, without either of you needing to attend court.

What can consent orders cover?

• Parenting: who the children live with, time with each parent, holidays, schooling, communication and decision-making.
• Property: how property, superannuation and debts are divided, who keeps the house, and timeframes for transfers and refinancing.
• Spousal maintenance: whether maintenance is payable, and on what terms.

How the process works

1. Reach agreement – directly, through lawyers, or at mediation.
2. Exchange financial disclosure – for property matters, both parties must disclose their financial circumstances.
3. Draft the orders – the orders need to be precise, workable and enforceable. Poorly drafted orders are one of the most common causes of later disputes.
4. Notify any superannuation fund – if the orders split superannuation, the fund trustee must be given notice before the application is filed.
5. File the application – the signed application and proposed orders are filed with the Federal Circuit and Family Court of Australia.
6. Court assessment – a registrar considers whether property orders are just and equitable, and whether parenting orders are in the children’s best interests. They may make the orders, ask for more information, or decline to make them.

Why get legal advice?

The court will only make orders that meet the legal tests, and you only get one chance to get a property settlement right. We can tell you whether the proposed division is within the range a court would consider fair, draft orders that do what you intend, and deal with practical issues such as refinancing, transfer timing and superannuation splitting.

Common questions

How long do consent orders take?

Once filed, processing times vary depending on the court’s workload. Preparing the documents properly up front avoids delays caused by requests for further information.

Can consent orders be changed later?

Property orders are very difficult to change and can only be set aside in limited circumstances. Parenting orders can be changed by a later parenting plan or new orders, particularly where circumstances change.

Do we both need lawyers?

It is not mandatory, but we can only act for one of you. Independent advice for each person helps ensure the agreement is understood and properly reflects what was agreed.

Related services

• Separation & Divorce
• Parenting Arrangements
• Property Settlement
• Spousal Maintenance
• Domestic & Family Violence
• Financial Agreements (BFAs)

This page is general information only and is not legal advice. Every family is different – please contact us for advice about your situation.