If you and your former partner have reached agreement on property, parenting or both, consent orders let you turn that agreement into a legally binding court order — without going to court. This is one of the most efficient, cost-effective ways to finalise your family law matter and give both parties certainty.
Consent orders are orders made by the Federal Circuit and Family Court of Australia that formalise an agreement between two parties. Unlike a court hearing, they are obtained by submitting an application and draft orders to the court — the judge reviews them in chambers (no attendance required) and, if satisfied they are proper and in the best interests of any children, approves them.
Consent orders can cover property matters (division of assets, superannuation splitting, transfer of real property), parenting arrangements, and spousal maintenance. Once made, they are enforceable as court orders — meaning that if one party fails to comply, the other can take enforcement action.
Without consent orders (or a binding financial agreement for property), arrangements agreed informally are not legally enforceable. A verbal or even written agreement between parties is not binding in the way a court order is. This is why formalising your agreement properly matters.
Both parties agree on the terms — property division, superannuation splitting, parenting arrangements, or all of these. Agreement may be reached directly or through negotiation or mediation.
A lawyer drafts the consent orders in the precise form required by the court. For property orders, a minute of consent orders sets out every term. For parenting, the orders must be specific, practical and focused on the child's best interests.
The application and draft orders (signed by both parties) are filed with the Federal Circuit and Family Court. No hearing is required in most cases — the registrar or judge reviews the material on the papers.
Once approved, the consent orders are made. They are then fully enforceable. For property transfers, the orders authorise the relevant transfers. For parenting, they govern all arrangements.
General information only. This is not legal advice — your situation is unique. Contact us for advice specific to your circumstances.
Poorly drafted consent orders can be ambiguous, unenforceable or rejected by the court. We draft orders in the exact form required — covering every term with precision.
Before you sign, we advise you on whether the proposed terms are within a reasonable range — protecting you from agreeing to something that disadvantages you.
We manage the entire filing process, correspond with the court, and follow up until the orders are made — so you do not have to.
Once orders are made, we assist with the practical implementation — including property transfers, superannuation splits and updating registrations.
You are not legally required to have a lawyer, but consent orders must be in a precise legal form and the court will scrutinise them — particularly parenting orders. Legal advice significantly reduces the risk of orders being rejected or creating problems later. This is general information only.
Processing times vary depending on the court's workload and the complexity of the orders. Property and financial consent orders are often processed within a few weeks to a few months. Parenting consent orders may take longer if the court requires more information. This is general information only.
Consent orders are court-approved and enforceable as orders. A binding financial agreement (BFA) is a private contract between the parties — it does not require court approval but both parties must obtain independent legal advice. BFAs are generally used for pre-nuptial arrangements or where parties prefer privacy. This is general information only.
Property consent orders are generally final and difficult to set aside. Parenting consent orders can be varied if there is a significant change in circumstances affecting the children's best interests. This is general information only.
Consent orders are enforceable as court orders. For property orders, enforcement mechanisms include penalty orders and enforcement proceedings. For parenting orders, contravention applications can be made and the court takes non-compliance seriously. This is general information only.
The information on this page is general information only and does not constitute legal advice. Your situation is unique — please contact us for advice specific to your circumstances.
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