Agreement or court order?
Two ways to make your property split official in Australia. Answer six quick questions and watch which one fits take shape.
Where it is leaning
Too close to call
Answer below and watch it tip
Where things stand
Have you separated yet?
The single biggest factor. Consent Orders are only available once you have separated. A financial agreement can be made at any time.
General guidance, not a ruling. Nothing you enter leaves your device.
Financial agreement vs consent orders, explained
When a relationship ends in Australia, there are two ways to make a property settlement legally binding: a Binding Financial Agreement (sometimes called a BFA) and Consent Orders. Both record a deal you and your former partner have already reached. Neither forces an outcome on you, and you do not need to go to a hearing for either.
A Binding Financial Agreement is a private contract under the Family Law Act. It never goes before a judge, which keeps it confidential and flexible, and it is the only option available before you separate, for example as a pre-nuptial style agreement. The catch: it is legally void unless each person receives independent legal advice from their own lawyer first, so it usually costs more to set up.
Consent Orders are made by a court, but by consent, so you submit the agreed terms in writing and a registrar checks they are just and equitable. They carry the full weight of a court order, can deal with parenting as well as property, and are usually cheaper. They are only available once you have actually separated.
Common questions
Which one is cheaper?
Usually Consent Orders. They need a court filing fee plus drafting, whereas an agreement requires two separate lawyers because each person must get their own independent advice.
Can either cover the kids?
Only Consent Orders can formalise parenting arrangements alongside property. A financial agreement deals with property and finances only.
What if we have not agreed yet?
Then neither is the next step yet. Both simply record an existing deal, so the move is to reach agreement first, often through family dispute resolution or mediation.
This is general information, not legal advice. This tool compares two pathways under the Family Law Act 1975 (Cth) based on your answers; it does not assess whether any particular split is fair. Every situation is different. For advice on your circumstances, speak with a qualified Australian family lawyer.
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Join the waitlistData sources & references
- Binding Financial Agreements are valid only if each party first received independent legal advice: Family Law Act 1975 (Cth) s 90G.
- Financial agreements, in plain English: Federal Circuit and Family Court of Australia.
- Consent orders when you have agreed: Federal Circuit and Family Court of Australia.
These figures and legal points are general information for context only. They are not advice and not a prediction about any individual situation.