Consent Orders in Australia: Complete Guide for Separating Couples

When relationships end, sorting out parenting and property arrangements can be overwhelming. Consent Orders provide a legally binding way to finalise your agreement — without the time, stress, or expense of going to court.

This article explains how Consent Orders work in Australia, what documents are required, how much they cost, and why mediation is often the most effective way to reach a fair outcome.

1. What Are Consent Orders?

A Consent Order is an agreement between you and your former partner that’s approved by the Federal Circuit and Family Court of Australia (FCFCOA). Once approved, it has the same legal effect as a court order made after a contested hearing.

Consent Orders can cover:

• Parenting matters – who the children live with, time spent with each parent, and decision-making responsibilities.

• Property and financial matters – how assets, liabilities, and superannuation will be divided.

Because both parties agree to the terms, Consent Orders are faster, less stressful, and more cost-effective than litigation.

2. How to Apply for Consent Orders

When lodging an application, the court requires three key documents:

a. Application Form

This provides details about each party’s financial situation and/or parenting arrangements. The court uses it to ensure the proposed agreement is just and equitable for property matters and in the best interests of the child for parenting matters.

b. Proposed Orders

A list of the specific orders you and your ex-partner want the court to make. These reflect your agreed terms — for example, property division or a parenting schedule.

c. Notice of Risk (Parenting Matters Only)

If the application involves children, you must include a Notice of Child Abuse, Family Violence or Risk form, which alerts the court to any safety concerns.

3. Why Choose Mediation for Families

At Mediation for Families, we make the Consent Order process easier and less adversarial. Our accredited mediators help you and your former partner communicate productively to reach balanced agreements.

Ready to move forward peacefully?
Contact our friendly team today for guidance on preparing Consent Orders that protect everyone involved.

4. Advantages of Consent Orders

• Covers both parenting and property issues – together or separately.

• Cost-effective – avoids lengthy and expensive court proceedings.

•  Efficient – most applications are approved within 6–8 weeks.

• Legally binding – once approved, orders are enforceable by the court.

• Fair and final – property orders are rarely overturned unless specific legal grounds exist.

• Child-focused – ensures parenting arrangements are in the child’s best interests.

While legal representation isn’t mandatory, it’s wise for both parties to obtain independent family law advice before finalising any Consent Order.

5. What to Consider for Property Consent Orders

Before applying, discuss these points with your mediator or lawyer:

• Who contributed financially (deposits, mortgage payments, renovations, or stamp duty)?

• Were contributions from family members gifts or loans?

• Have there been any inheritances or family support?

• What non-financial contributions were made, such as homemaking or child care?

• What are each party’s future needs (age, health, income, or trust interests)?

6. What to Consider for Parenting Consent Orders

Prepare detailed information about:

• Current and past care arrangements for your children.

• Each parent’s living situation and proximity.

• Children’s health, education, and special needs.

• Financial support arrangements.

• Any history or risk of family violence or substance misuse.

 Note: While financial support is relevant background, the Family Court cannot make child support orders through Consent Orders. Child support is handled separately by Services Australia (Child Support).

7. Processing Time and Court Review

There’s no strict timeframe, but most Consent Order applications are processed within 6–8 weeks.

If the Registrar is satisfied that your proposal is fair and in the children’s best interests, the orders will be made as requested. If more information is needed, you’ll receive a requisition asking for clarification before approval.

8. Time Limits for Filing Consent Orders

You can apply for Consent Orders as soon as you have formally separated, even before applying for divorce.

However, after divorce or separation, time limits apply:

• Married couples: within 12 months of the divorce becoming final.

• De facto couples: within 24 months of separation.

If this timeframe has passed, you can still apply — but must request the court’s permission to file out of time.

9. Costs of Consent Orders

The court filing fee is approximately $195 (as of 2025). Professional assistance from a mediator or lawyer usually costs between $1,000 and $3,000, depending on complexity.

At Mediation for Families, we offer fixed-fee document packages (parenting plans and property/financial agreements), giving you cost certainty and expert support from start to finish.

10. Enforceability and Duration

Once approved, Consent Orders are legally binding and enforceable through the court.

• Property orders remain in effect until completed.

• Parenting orders apply until a child turns 18 or unless varied by the court.

If one party breaches the order, the other can apply for enforcement or penalty orders.

11. Can You Do Your Own Consent Orders?

Yes, you can prepare and lodge the forms yourself using resources from the Family Court of Australia website. However, because the process can be complex, many applications are delayed or rejected due to missing details or errors.

Working with a family law professional ensures your documents are compliant, comprehensive, and approved the first time.

12. Are Consent Orders Worth It?

In short — yes. Consent Orders provide certainty, protection, and peace of mind for both parties. They formalise your agreement, reduce conflict, and allow you to move forward knowing your arrangements are legally secure.

Get Help with Consent Orders Today

At Mediation for Families, we’re here to make the process simple and stress-free. Whether you need help reaching an agreement or preparing your application, our experienced team can guide you every step of the way.

Call us today or book a confidential consultation online to get started.

Legal Disclaimer:
The information provided on this website, including guidance on Consent Orders, property settlements, and parenting arrangements, is for general informational purposes only. It does not constitute legal advice and should not be relied upon as a substitute for professional legal advice.

Readers are strongly encouraged to seek independent legal advice from a qualified family law solicitor or other appropriate professional before taking any action or making any decisions regarding Consent Orders or related legal matters.

Mediation for Families does not accept any responsibility for actions taken based on the information provided and does not form a solicitor-client relationship by providing this content.