If you’re going through a separation or divorce in Australia, understanding consent orders is crucial for protecting your interests and ensuring legally binding agreements. This comprehensive guide answers all your questions about consent orders, from the application process to enforcement, helping you make informed decisions about your family law matters.
What Are Consent Orders?
A consent order is a legally binding agreement between parties involved in a family law dispute that is approved by the Federal Circuit and Family Court of Australia. Unlike informal agreements, consent orders carry the same legal weight as court judgments, making them enforceable by law.
Consent orders serve as a bridge between private negotiations and court-imposed decisions, allowing separating couples to maintain control over their arrangements while ensuring legal protection. They eliminate the need for lengthy court proceedings while providing the security of judicial oversight.
These family law consent orders can resolve various disputes including property settlement, parenting arrangements, financial support, and spousal maintenance. Once approved by the court, consent orders become legally binding documents that both parties must follow.
Why Choose Consent Orders Over Other Options?
There are compelling reasons why consent orders are often the preferred method for resolving family law disputes in Australia:
Cost-Effective Resolution
Consent orders provide significant cost savings compared to contested court proceedings. By avoiding lengthy trials, legal fees, court costs, and expert witness expenses, separating couples can resolve their disputes efficiently while preserving financial resources for their future.
Time Efficiency
The consent orders process typically takes 6-8 weeks for court approval, compared to months or years for contested proceedings. This expedited timeline allows families to move forward with certainty and closure.
Privacy Protection
Unlike public court hearings, consent orders maintain the privacy of your family arrangements. The details of your agreement remain confidential, protecting sensitive information from public scrutiny or media attention.
Reduced Stress and Conflict
The collaborative nature of consent orders encourages cooperation and compromise between parties. This approach often leads to better long-term relationships, particularly important when children are involved and ongoing co-parenting is necessary.
Certainty and Control
With consent orders, you maintain control over the outcome rather than leaving decisions to a judge. This certainty helps reduce anxiety and allows for tailored solutions that meet your family’s specific needs.
Types of Consent Orders in Family Law
Consent orders in Australia generally fall into two main categories, each addressing different aspects of your separation:
Parenting Consent Orders
Parenting consent orders establish legally binding arrangements for children’s care, including:
- Living arrangements: Where children will primarily reside and any shared care arrangements
- Time allocation: Specific schedules for time spent with each parent, including weekends, holidays, and special occasions
- Communication arrangements: Phone calls, video calls, emails, and text messaging between children and the non-residential parent
- Decision-making responsibilities: Education choices, medical decisions, religious upbringing, and extracurricular activities
- Special circumstances: Arrangements for birthdays, Mother’s Day, Father’s Day, and family celebrations
- Relocation provisions: Requirements if either parent wishes to move with the children
The court will only approve parenting consent orders if they serve the children’s best interests, considering factors such as maintaining meaningful relationships with both parents and ensuring the children’s safety and wellbeing.
Financial and Property Consent Orders
Financial consent orders address the division of assets, debts, and ongoing financial responsibilities:
- Property settlement: Division of real estate, personal property, vehicles, and household contents
- Financial assets: Bank accounts, investments, shares, and business interests
- Superannuation splitting: Division of retirement savings between parties
- Debt allocation: Responsibility for mortgages, credit cards, loans, and other liabilities
- Spousal maintenance: Ongoing financial support for a former partner who cannot adequately support themselves
- Child support arrangements: While the court cannot make consent orders for child support amounts, they can address related financial matters
How to Apply for Consent Orders: Step-by-Step Process
Obtaining consent orders involves several crucial steps that require careful attention to detail:
Step 1: Reach Initial Agreement
Before applying for consent orders, both parties must negotiate and agree on all relevant issues. This may involve:
- Direct discussions between parties
- Family dispute resolution or mediation
- Collaborative law processes
- Legal representation to protect individual interests
Step 2: Obtain Legal Advice
While legal representation isn’t mandatory for consent orders, seeking independent legal advice is strongly recommended. A qualified family lawyer can:
- Explain your legal rights and obligations
- Review proposed terms for fairness and enforceability
- Ensure compliance with Family Law Act requirements
- Draft legally sound agreements
- Identify potential future complications
Step 3: Prepare Required Documents
The consent orders application requires specific documentation:
Application for Consent Orders (Form 15): The formal application submitted to the court Minute of Consent Orders: Document containing the specific terms you want the court to approve Financial statement: If seeking property or financial orders Supporting documents: Property valuations, superannuation statements, and debt confirmations Registration certificate: For de facto relationships
Step 4: File with the Court
Submit your consent orders application through the Commonwealth Courts Portal or at a court registry. The current filing fee is $195, though fee exemptions may be available for those experiencing financial hardship.
Step 5: Court Review Process
A court registrar reviews your consent orders application to ensure:
- Proposed orders are in children’s best interests (for parenting matters)
- Financial arrangements are just and equitable
- All legal requirements are met
- Documents are properly completed and signed
Step 6: Receive Court Decision
If approved, you’ll receive sealed copies of your consent orders within 6-8 weeks. If rejected, the court may not provide specific reasons, making initial legal advice crucial for success.
Common Uses of Consent Orders in Australia
Consent orders can address various family law situations across different areas of law:
Family Law Applications
- Divorce property settlement: Dividing matrimonial assets and debts fairly between spouses
- Parenting arrangements: Establishing custody, visitation, and decision-making responsibilities
- Spousal maintenance: Ongoing financial support for economically disadvantaged parties
- De facto property settlement: Asset division for unmarried couples meeting relationship criteria
Beyond Family Law
While most commonly used in family law, consent orders can also resolve:
- Civil disputes: Contract disagreements, debt recovery, and property disputes
- Employment matters: Unfair dismissal, discrimination claims, and workplace disputes
- Consumer issues: Product liability, service disputes, and warranty claims
- Bankruptcy proceedings: Asset distribution and debt repayment arrangements
Advantages of Consent Orders
Consent orders offer numerous benefits over alternative dispute resolution methods:
Legal Certainty
Consent orders provide the same legal enforceability as court judgments. This means serious consequences apply if either party breaches the agreement, including contempt of court proceedings, fines, or imprisonment.
Finality
Once approved, consent orders provide closure and finality to your family law matter. This psychological benefit allows both parties to move forward with confidence and clarity about their obligations.
Flexibility
Unlike rigid court judgments, consent orders can be tailored to your family’s unique circumstances. This flexibility allows for creative solutions that work for everyone involved.
Preservation of Relationships
The collaborative process of reaching consent orders often helps preserve important relationships, particularly crucial when children are involved and ongoing co-parenting is necessary.
Tax Benefits
Consent orders may provide tax advantages, including:
- Stamp duty exemptions on property transfers
- Capital gains tax exemptions for asset transfers
- Superannuation splitting benefits
Potential Disadvantages and Risks
While consent orders offer significant benefits, it’s important to understand potential drawbacks:
Limited Recourse
Once approved, consent orders are difficult to change or challenge. If circumstances change significantly, you may need to apply for variations, which can be complex and expensive.
Enforcement Limitations
While consent orders are legally binding, enforcement can still be challenging if one party deliberately avoids compliance. Legal action may be necessary to compel adherence.
Negotiation Imbalances
If one party has significantly more bargaining power, knowledge, or resources, the resulting consent orders may not be fair. Independent legal advice helps protect against this risk.
Complexity Requirements
Consent orders must meet specific legal requirements. Poorly drafted orders may be rejected by the court or create future problems, making professional assistance valuable.
When Can Consent Orders Be Rejected?
The court has discretion to reject consent orders applications for various reasons:
Parenting Orders Rejection Factors
- Proposed arrangements not in children’s best interests
- Inadequate provision for children’s safety or wellbeing
- Failure to maintain meaningful relationships with both parents
- Unrealistic or unworkable arrangements
- Insufficient detail about parenting responsibilities
Financial Orders Rejection Factors
- Arrangements not just and equitable
- Inadequate disclosure of assets or debts
- Unfair advantage to one party
- Failure to consider all relevant factors
- Non-compliance with superannuation requirements
Procedural Rejection Reasons
- Incomplete or incorrect documentation
- Missing required signatures or dates
- Failure to pay filing fees
- Non-compliance with court rules
- Evidence of duress or fraud
Consent Orders vs. Parenting Plans
Understanding the difference between consent orders and parenting plans helps you choose the right option:
Consent Orders
- Legally binding: Enforceable by the court with serious consequences for breaches
- Court approval required: Must meet legal standards and court scrutiny
- Modification process: Requires court application or mutual agreement
- Cost: Court filing fees and typically legal assistance
- Enforcement: Strong legal remedies available
Parenting Plans
- Not legally binding: Moral obligation only, limited enforcement options
- No court involvement: Private agreement between parents
- Easy modification: Can be changed by mutual agreement
- Cost: No filing fees, may not need legal assistance
- Enforcement: Limited to family dispute resolution
For most families, consent orders provide superior protection and certainty, making them the preferred choice when seeking long-term stability.
Enforcement and Breach of Consent Orders
Consent orders carry significant legal weight, and breaches can result in serious consequences:
Breach Consequences
- Contempt of court proceedings: Fines up to $93,900 or imprisonment up to 12 months
- Compensatory payments: Financial compensation for losses caused by breaches
- Legal costs orders: Paying the other party’s legal expenses
- Additional orders: Court-imposed requirements to remedy breaches
- Property transfers: Forced sale or transfer of assets
Enforcement Options
If someone breaches your consent orders, you can:
- File a contravention application: Formal court process to address breaches
- Seek variation orders: Modify arrangements to prevent future breaches
- Apply for enforcement orders: Compel compliance with original terms
- Request compensation: Financial remedy for losses suffered
Prevention Strategies
Minimize breach risks by ensuring your consent orders:
- Include specific, detailed terms that are easy to understand
- Address likely future scenarios and contingencies
- Provide clear dispute resolution mechanisms
- Include regular review provisions for changing circumstances
Time Limits for Consent Orders Applications
Consent orders applications are subject to specific time limits that vary by situation:
Property and Financial Matters
- Married couples: Must apply within 12 months of divorce becoming final
- De facto couples: Must apply within 2 years of relationship ending
- Late applications: Require court permission and special circumstances
Parenting Matters
- No time limits: Applications can be made at any time
- Urgent situations: Expedited processes available for safety concerns
- Existing orders: Can apply to vary or discharge previous orders
Exceptions and Extensions
Courts may extend time limits if:
- Exceptional circumstances prevented earlier application
- Applicant was unaware of their rights
- Other party concealed relevant information
- Hardship would result from strict time enforcement
Cost of Consent Orders in Australia
Understanding the costs involved in consent orders helps you budget appropriately:
Court Filing Fees
- Application for consent orders: $195 (current as of 2025)
- Fee exemptions: Available for those experiencing financial hardship
- Additional fees: May apply for complex applications or amendments
Legal Costs
- Solicitor fees: $300-800 per hour depending on experience and location
- Total legal costs: Typically $2,000-8,000 for straightforward matters
- Complex cases: May cost $10,000+ for difficult negotiations or disputes
- Shared representation: One lawyer can sometimes represent both parties if no conflict exists
Additional Expenses
- Property valuations: $300-800 per property
- Superannuation valuations: $200-500 per fund
- Financial advice: $200-500 per hour for complex arrangements
- Mediation costs: $150-400 per hour if required
Cost-Benefit Analysis
While consent orders involve upfront costs, they typically save money compared to:
- Contested court proceedings ($50,000-200,000+)
- Ongoing legal disputes and enforcement actions
- Future modification applications due to unclear agreements
Do Consent Orders Expire?
Consent orders generally remain in effect indefinitely unless specifically stated otherwise:
Permanent Orders
Most consent orders continue until:
- Both parties agree to vary or discharge them
- Court orders a variation due to changed circumstances
- Specific termination events occur (e.g., child reaches 18 years)
- Property transfers are completed as required
Variation Circumstances
Consent orders may be varied if:
- Significant change in circumstances since orders were made
- Original orders become impracticable to implement
- Children’s best interests require modification
- Hardship results from compliance with original terms
Review Provisions
Well-drafted consent orders often include:
- Automatic review dates for reassessment
- Triggers for potential modifications
- Dispute resolution processes for disagreements
- Sunset clauses for specific provisions
Special Considerations for De Facto Relationships
Consent orders for de facto couples involve additional requirements:
Eligibility Requirements
- Relationship duration of at least 2 years, or
- Child of the relationship exists, or
- Significant contributions made to relationship
- Geographical connection to Australia
Additional Documentation
- Relationship registration certificate (if applicable)
- Evidence of de facto relationship: Joint finances, shared residence, social recognition
- Jurisdictional requirements: Proof of Australian connection
Time Limitations
De facto couples must apply for property consent orders within 2 years of separation, making prompt action essential.
How Mediations Australia Can Help with Consent Orders
Our experienced family law team provides comprehensive assistance with consent orders:
Legal Services
- Initial consultation: Assess your situation and explain available options
- Agreement negotiation: Help reach fair arrangements with your former partner
- Document drafting: Prepare legally sound application documents
- Court representation: Present your application and address any court queries
- Ongoing support: Assist with variations, enforcement, or compliance issues
Specialized Expertise
- Family law focus: Deep understanding of consent orders and family law principles
- Mediation services: Help negotiate agreements before applying for orders
- Property settlement expertise: Navigate complex asset division and superannuation splitting
- Parenting matter specialists: Ensure children’s best interests are prioritized
Why Choose Professional Help
- Higher success rates: Properly prepared applications are more likely to be approved
- Cost effectiveness: Avoid expensive mistakes and rejected applications
- Legal protection: Ensure your rights and interests are fully protected
- Future-proofing: Draft orders that anticipate and address potential future issues
Consent orders represent one of the most effective ways to resolve family law matters in Australia. By providing legal certainty, cost savings, and collaborative solutions, they offer separating couples a pathway to secure, binding agreements without the stress and expense of contested court proceedings.
Whether you’re dealing with property settlement, parenting arrangements, or financial support matters, consent orders can provide the legal framework you need to move forward with confidence. However, the importance of proper preparation, legal advice, and careful consideration of all terms cannot be overstated.
Frequently Asked Questions About Consent Orders
1. How long do consent orders take to get approved?
Consent orders typically take 6-8 weeks for court approval once your application is filed. However, this timeframe can vary depending on the court’s workload and the complexity of your case. Simple, well-prepared applications may be processed faster, while complex matters or those requiring additional information may take longer.
2. Can I apply for consent orders without a lawyer?
Yes, you can apply for consent orders without legal representation, but it’s strongly recommended to seek independent legal advice. Self-represented applicants face higher rejection rates due to technical requirements and potential oversights. A family lawyer can ensure your application meets all legal standards and protects your interests.
3. What happens if my consent orders application is rejected?
If your consent orders application is rejected, the court typically doesn’t provide specific reasons for the decision. You can resubmit a new application addressing potential issues, but it’s advisable to consult a family lawyer to identify and correct problems with your original application before reapplying.
4. Can consent orders be changed after they’re approved?
Consent orders can be varied or discharged, but only in specific circumstances such as significant changes in circumstances, impracticality of implementation, or by mutual agreement of both parties. The process requires either a new court application or formal agreement between parties, making initial careful drafting crucial.
5. Do I need consent orders if we agree on everything?
While not legally required, consent orders are highly recommended even when you agree on all matters. Informal agreements lack legal enforceability and can lead to disputes if circumstances change or one party stops complying. Consent orders provide legal protection and certainty for your agreements.
6. How much do consent orders cost in total?
The total cost of consent orders varies significantly based on complexity and legal representation. Expect to pay the $195 court filing fee plus legal costs ranging from $2,000-8,000 for straightforward matters. Complex cases may cost more, but this is typically much less expensive than contested court proceedings.
7. Can consent orders cover child support payments?
No, consent orders cannot determine child support amounts as these are governed by the Child Support Assessment Act. However, they can address related matters such as school fees, medical expenses, and extracurricular activities. Child support must be arranged through Services Australia or private collection.
8. What’s the difference between consent orders and a financial agreement?
Consent orders require court approval and provide stronger enforceability, while financial agreements (binding financial agreements) are private contracts that don’t require court involvement. Consent orders offer better protection as courts ensure they’re just and equitable before approval.
9. Can grandparents apply for consent orders?
Yes, grandparents and other significant people in a child’s life can apply for consent orders regarding parenting matters. They need to demonstrate their involvement in the child’s life and that the proposed arrangements serve the child’s best interests. Court approval considers maintaining important relationships for the child.
10. What happens if someone breaches consent orders?
Breaching consent orders is a serious matter that can result in contempt of court proceedings, fines up to $93,900, imprisonment up to 12 months, or compensation orders. The affected party can file a contravention application with the court to enforce compliance and seek appropriate remedies.
11. Are there time limits for applying for consent orders?
Yes, time limits apply to property and financial matters: 12 months after divorce for married couples and 2 years after separation for de facto couples. Parenting matters have no time limits. Late applications require court permission and demonstration of special circumstances.
12. Can we use the same lawyer for our consent orders?
In some cases, one lawyer can act for both parties if there’s no conflict of interest and both parties consent. However, it’s generally recommended that each party seeks independent legal advice to ensure their individual interests are protected and they fully understand the agreement’s implications.
For expert assistance with your consent orders application, contact Mediations Australia today. Our experienced family law team can guide you through the entire process, from initial negotiations to court approval, ensuring your rights are protected and your agreements are legally sound.
