What can consent orders cover?
Consent orders are approved by the Federal Circuit and Family Court of Australia and can cover three broad areas of family law:
- Parenting arrangements — where children live, time with each parent, decision-making about education, health and religion, handover arrangements, travel and overseas access
- Property and financial matters — division of real property, superannuation splitting, savings and investments, businesses, debts, and any other assets or liabilities
- Spousal maintenance — ongoing financial support, whether as periodic payments or a lump sum
You can apply for consent orders covering some or all of these in a single application. Most separating couples address both parenting and property in the one set of orders. For a complete guide, see consent orders explained →
How the consent orders process works, step by step
- Reach agreement — usually through mediation, though some couples agree directly
- Prepare the application — the terms of your agreement are drafted into the correct legal form (an Application for Consent Orders and a Minute of Proposed Orders)
- Lodge with the court — filed through the Commonwealth Courts Portal, online, with the relevant filing fee
- Court review — a registrar reviews the application on the papers (no hearing required in most cases) to check that parenting arrangements are in the children's best interests and that property division is just and equitable
- Orders made — if satisfied, the court makes the orders; you receive a sealed copy, which is enforceable from that date
The typical turnaround for uncontested consent order applications ranges from a few weeks to a few months, depending on the court's workload — far faster than a contested hearing, which can take a year or more.
Consent orders vs a parenting plan vs a binding financial agreement
| Consent orders | Parenting plan | Binding financial agreement (BFA) | |
|---|---|---|---|
| Legally enforceable | Yes — court order | No — but courts consider it | Yes — private contract |
| Court approval required | Yes | No | No |
| Independent legal advice required | Not required (recommended) | Not required | Yes — each party must have their own lawyer |
| Covers parenting | Yes | Yes | No |
| Covers property/finance | Yes | No | Yes |
| Flexibility after agreement | Parenting: can vary if circumstances change; Property: generally final | High — flexible by agreement | Can be varied only by a new BFA or court order |
| Best for | Most separating couples | Flexible parenting co-management | Pre-relationship protection or maximum financial flexibility |
For the majority of separating couples, consent orders are the right instrument — they combine court-backed enforceability with a straightforward process and no need for each party to retain separate lawyers. Compare BFAs and consent orders in detail →
What does the court check before making consent orders?
The registrar does not rubber-stamp whatever you've agreed. For parenting orders, they must be satisfied the arrangements are in the best interests of the children. For property orders, the division must be just and equitable. Agreements that appear grossly unfair, involve inadequate disclosure, or don't properly protect the children's interests may be returned for revision. Mediation produces agreements that are inherently more likely to pass this test — because the mediator has already tested their fairness and practicality in the process.
What happens if consent orders are breached?
Consent orders are enforceable court orders. If parenting orders are breached without reasonable excuse, the aggrieved party can apply to the court for a contravention order — which can result in penalties, make-up time, or changed orders. Property orders are enforceable through the court's execution powers. This is the practical difference between a consent order and a parenting plan.
Can consent orders be changed after they're made?
Property consent orders are generally final — the principle of finality in property settlement means they're difficult to change without showing fraud, non-disclosure, or a significant change in circumstances. Parenting consent orders can be varied if circumstances have changed significantly since they were made (for example, one parent relocating, a child's needs changing, or the existing arrangement breaking down). In both cases, mediation is the first step — most variations are agreed rather than litigated. See parenting plan mediation → or property settlement mediation →