What Are Consent Orders and How Do You Get Them in Australia?

Consent orders are a way for separating couples to turn an agreement they have already reached into formal, court-approved orders. They are one of the two main ways to finalise a property settlement in Australia, alongside a binding financial agreement. This guide explains what consent orders are, what they can cover, how the application works, and what the court looks at before approving them. It is general information only, not legal advice.

What are consent orders in family law?

Consent orders are orders made by a court that record an agreement between two people about their property, finances, or arrangements for their children, without anyone having to attend a contested hearing. In financial matters, both married and de facto couples can use them to divide assets and liabilities, deal with superannuation, and set out any spousal maintenance.

The key feature is that you and your former partner have already agreed. You are not asking the court to decide anything for you. You are asking it to approve what you have worked out and give it the force of a court order. Because the terms are agreed, the process is usually a paperwork exercise rather than a courtroom one.

Why court approval matters

You might wonder why you would involve a court at all if you both already agree. The value is in finality and enforceability. Once a court approves a consent order, it carries the full weight of a court order. That makes it harder to unravel later and more straightforward to enforce if one person does not do what they promised. For property, approved consent orders also let you access stamp duty relief on transfers of property between you, and they allow superannuation to be split. An informal agreement written on paper does neither of those things.

What can consent orders cover?

Consent orders are flexible and can deal with most financial and parenting matters, including:

• Property settlement, which is the division of assets and liabilities such as the family home, savings, investments, vehicles, businesses, and debts.
• Superannuation splitting, where part of one person's super is transferred to the other.
• Spousal maintenance, meaning ongoing financial support for a former partner whose earning capacity is lower.
• Parenting arrangements, covering where children live and how they spend time with each parent.

There is one important exception that the current draft of this article gets wrong. Periodic child support generally cannot be set by consent orders. Child support is handled separately by Services Australia (Child Support) through an administrative assessment based on a formula, or through a registered child support agreement (a limited or binding child support agreement). If you want to formalise child support, that is a different process from your property consent orders. You can still deal with parenting time in consent orders; it is the child support payments that sit outside them.

How consent orders differ from a binding financial agreement

Both consent orders and a binding financial agreement can finalise a property settlement, but they work differently.

A binding financial agreement is a private contract between the two of you. It does not go to court, and it becomes binding once each person has signed it after receiving independent legal advice and each lawyer has provided the required certificate. Because it is a contract, the focus is on it being validly made rather than on a court testing whether the split is fair.

Consent orders, by contrast, are filed with the court and only take effect once a judicial officer approves them. The court will only make the orders if it is satisfied they are just and equitable. The trade-off is that consent orders give you a court order that is generally easier to enforce, while a binding financial agreement offers privacy and can be used to deal with matters before, during, or after a relationship.

Neither option is automatically better. Which suits you depends on your circumstances, and you should get independent legal advice before choosing.

The application process step by step

1. Reach a clear agreement. Work out the full terms of your settlement, often with the help of lawyers or a mediator.
2. Complete the Application for Consent Orders. This is the court's standard form. It requires both of you to set out your financial circumstances in full and to sign a statement confirming the information is true and correct.
3. Draft the proposed orders. These are the actual orders you want the court to make. From late 2025, the court requires both a signed PDF copy of the proposed orders and an unsigned Word (.docx) version to be filed.
4. File the application. Applications are filed electronically through the Commonwealth Courts Portal, or at a court registry if you are unable to file online. The filing fee for an Application for Consent Orders is $205 from 1 July 2025. You may be eligible for a reduced fee or an exemption if you hold an eligible concession card, receive legal aid, or can show financial hardship.
5. Wait for the court's decision. A judicial registrar reviews the documents. If everything is in order, the orders are made without anyone needing to attend court. If something is unclear or appears unfair, the registrar may ask questions or decline to make the orders.

Documents and disclosure you will need

The application asks each person to make full and frank disclosure of their financial position, including assets, liabilities, income, and superannuation. It helps to have current valuations for significant assets such as real estate or a business. Full disclosure is not optional. If assets are hidden and come to light later, the orders can be set aside.

What the court checks

Before approving financial consent orders, the court must be satisfied that the orders are just and equitable. For married couples this comes from section 79 of the Family Law Act 1975, and for de facto couples from section 90SM. Just and equitable does not mean an automatic 50/50 split. It means fair in all the circumstances of your particular case.

The court will not run a full hearing, but it does not simply rubber stamp the agreement either. It looks at the property and financial resources of each of you, the contributions each made (financial and non-financial, including as homemaker or parent), and the future needs of each person, taking into account things like age, health, care of children, and earning capacity.

Recent changes from 10 June 2025

The way property settlements are decided changed on 10 June 2025 under the Family Law Amendment Act 2024. The framework that courts and separating couples use is now set out more clearly in the Family Law Act, and it applies whether you go to court or settle privately through consent orders. Two changes are worth knowing:

• Courts must now consider the economic effect of family violence where it is relevant, both when assessing contributions and when assessing future needs.
• The treatment of liabilities is dealt with more explicitly within the framework.

Because the same just and equitable test applies to agreed orders, these changes shape what a fair settlement looks like, so it is worth factoring them into your negotiations.

Time limits

There are deadlines for applying for property and maintenance orders. If you were married, you generally have 12 months from the date your divorce becomes final (section 44(3) of the Family Law Act). If you were in a de facto relationship, you generally have 2 years from the date of separation (section 44(5)). Applying outside these periods needs either the other person's consent or the court's permission, so it is best not to leave it too late.

Timeframe and cost

Once a complete application is filed, the court's review of consent orders commonly takes in the order of a few weeks to a couple of months, depending on the registry's workload and whether the paperwork is in order. Clear, complete documentation submitted up front is the single best way to avoid delays.

On cost, the court filing fee is $205 (from 1 July 2025). Beyond that, your main expense is any legal help you choose to use for advice, drafting, and negotiation, which varies with the complexity of your situation.

Common mistakes to avoid

• Incomplete disclosure. Leaving out assets or debts can lead to the orders being set aside later. Be thorough.
• Vague or unworkable orders. Orders that are unclear or cannot practically be carried out may be queried by the registrar. Precise drafting matters.
• Skipping legal advice. Even when you both agree, independent legal advice helps you understand the effect of what you are signing and reduces the risk of a later challenge.
• Treating child support as part of the deal. Remember that periodic child support is handled by Services Australia or through a separate child support agreement, not by these orders.

How Separately can help

If you are working towards a settlement, Separately gives you a clear, private assessment of how your property might be divided, so you can approach negotiations and conversations with your lawyer better informed. The assessment is a starting point for understanding your position, not a substitute for legal advice.

Formalising a settlement, whether through consent orders or a binding financial agreement, should be done with independent legal advice. A family lawyer can confirm the right approach for your circumstances and make sure your orders are clear, complete, and likely to be approved.