Consent Orders
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When you separate or divorce, you and your former partner may reach an agreement on issues such as parenting, property settlement, superannuation, and spousal maintenance. A consent order is a way to formalise that agreement so it becomes legally binding and enforceable. Instead of going through a contested hearing, you submit your agreed terms to the court and ask for them to be made into orders.
Consent orders give you certainty. They ensure that what you both agreed to cannot be changed on a whim, ignored, or undermined later. For parenting matters, the court must be satisfied that the orders are in the best interests of your children. For financial matters, the court must be satisfied that the outcome is just and equitable. Once approved, the terms carry the same weight as if a judge had decided the case after trial.
For many separating couples, consent orders are the safest, most efficient way to close a chapter while keeping unnecessary conflict and cost to a minimum.
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Why many people prefer consent orders over going to court
Choosing consent orders instead of litigation gives you several advantages:
1. More control: Instead of leaving your family’s future in the hands of a judge, you and your former partner design the outcome yourselves.
2. Faster resolution: Contested hearings can drag on for months or even years. Consent orders are generally processed and approved far more quickly.
3. Reduced conflict: Consent orders promote agreement rather than adversarial dispute. This is especially important when you share children.
4. Legally binding certainty: Unlike informal agreements or parenting plans, consent orders can be enforced. If the other party stops complying, the court can intervene.
5. Cost-effective: You save on legal and court fees because you avoid a lengthy hearing.
Key legal principles you should understand
1. The court will not simply “rubber-stamp” your agreement
Even if both of you agree, the court must independently evaluate:
- Is this safe for the children?
Is this fair financially? - Are these terms workable?
- Is anything missing?
- Is there evidence of risk that needs to be addressed?
If the terms aren’t appropriate, the court may amend them or refuse approval.
2. You cannot appeal a consent order just because you regret it
Appeals from consent orders are very limited. You cannot simply change your mind later and ask for a new outcome. Courts treat consent orders as final.
This is why you must ensure your agreement is informed, voluntary, and thoroughly considered. Always seek legal advice before signing anything.
3. Consent orders can be varied or set aside—but only in rare cases
You may apply to change or set aside a consent order if:
- Circumstances have changed significantly
- New evidence exists that could not have been discovered earlier
- The agreement was obtained by fraud, coercion, or non-disclosure
- The order has become impracticable
Courts apply a high threshold, especially for property orders. Once made, they are intended to be final.
Real-life examples of how consent orders are used
Travel disputes
Parents agree that the children can travel overseas to visit grandparents every two years for up to four weeks. This is included in the consent orders. When one parent later refuses to sign a passport renewal, the other parent requests enforcement, and the court requires compliance because the orders already addressed the issue clearly.
A house transfer
In a financial settlement, both parties agree that one spouse will retain the family home. A consent order requires refinancing within 90 days. When refinancing falls through, the court enforces the fallback clause in the orders requiring sale of the property if the deadline is not met.
Changes in a child’s health
A consent order provides a parenting schedule suitable for a young child. Years later, the child develops additional medical needs requiring specialised care. The parents return to court requesting a variation due to a significant change in circumstances. Because the change is substantial, the court agrees to vary the orders.
How to apply for consent orders: Step-by-step
Important time limits
While parenting consent orders can be filed at any time after separation, financial and property orders have strict deadlines.
Married couples: Must apply within 12 months of the divorce becoming final.
De facto couples: Must apply within 2 years of separation.
You can apply out of time, but only with the court’s permission and only in limited circumstances.
Step 1: Reach an agreement
You and your former partner agree on the terms. This may involve direct negotiation, mediation, or lawyer-assisted discussions.
Step 2: Draft the orders
This includes preparing:
- An Application for Consent Orders
- a Minute of Consent Orders (the actual wording of the orders)
- supporting documents, such as a financial statement, balance sheets, or risk notices for parenting matters
Step 3: File the documents
You submit the documents to the appropriate court registry. Most applications are handled administratively by registrars, without requiring a court appearance.
Step 4: Court assessment
The court must be satisfied that:
- Parenting orders are in the best interests of your children.
- Property orders are fair and legally workable.
- Disclosure appears complete.
Step 5: Sealed consent orders issued
If approved, the court “seals” the orders and returns official copies to each party. They take effect immediately unless the orders specify a different commencement date.
Step 6: Comply with the orders
You and your former partner must now follow the orders exactly. If issues arise, the court can enforce the orders.
Common mistakes to avoid
You can save yourself from future stress by avoiding these pitfalls:
Not providing full financial disclosure
If one of you hides assets or fails to disclose everything, the orders risk being set aside later.
Overly vague parenting terms
Words like “as agreed” or “reasonable time” often cause conflict. Clear schedules reduce disputes.
Failing to consider long-term implications
Your children’s needs will evolve. Property values change. Superannuation fluctuates. Plan ahead.
Signing without legal advice
Consent orders have long-term consequences. Legal review protects you from unfair or risky terms.
What issues can you finalise with consent orders
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Parenting arrangements
If you have children under 18, you can use consent orders to formalise: - Who your children will live with
- How much time will they spend with each parent?
- Communication via phone, video, messages, or email
- How decisions about schooling, medical treatment, religion, and extracurriculars will be made
- Travel arrangements and passport provisions
- Holiday and special occasion schedules
- How the changeover will occur
- Once approved, these orders become enforceable. If either parent fails to follow them, you can seek enforcement through the court.
- Case example – Parenting orders
- A mother and father agreed that their 10-year-old child would live primarily with the mother and spend alternate weekends and one overnight midweek with the father. They also agreed to shared parental responsibility and equal sharing of school holiday periods.
- When they submitted their consent orders, the court approved them because the arrangements were child-focused, clearly drafted, and addressed practical issues such as changeover, communication, and special occasions.
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Property and financial settlement
Consent orders can also cover all aspects of dividing your assets, debts, and financial responsibilities after separation, including: - who keeps the family home
- sale or transfer of real estate
- division of savings, shares, investments, or crypto
- responsibility for debts and liabilities
- superannuation splitting
- spousal maintenance (ongoing or lump sum)
- distribution of vehicles, business interests, furniture, or personal items
- The court reviews your proposed settlement to ensure it is “just and equitable”. This means the agreement must be fair in light of your assets, your contributions, and your future needs.
- Case example – Property settlement
- A separated couple owned a home, two cars, savings accounts, and superannuation. They agreed that one partner would keep the home and refinance within six months to pay the other partner a settlement sum.
- They also agreed to split superannuation 60/40 and keep their own vehicles. The court approved their consent orders after confirming that the settlement reflected financial contributions made during the relationship and their respective future earning capacities.
How a family lawyer can help you
A family lawyer is not mandatory for consent orders, but strongly recommended. They can:
- ensure your orders are drafted clearly and enforceably
- help you understand your rights and entitlements
- check that the terms are fair and legally sound
- identify any missing clauses or risks
- ensure full financial disclosure
- advise you about tax consequences or superannuation issues
- prepare any variation or enforcement applications if things go wrong
- Once approved, these orders become enforceable. If either parent fails to follow them, you can seek enforcement through the court.
For many people, engaging a family law expert early is the most cost-effective way to finalise their separation.
What you should do next
If you and your former partner have reached agreement on parenting or property matters, consider whether formalising that agreement with consent orders is right for you.
Ask yourself:
- Are our agreements clear and workable?
- Do the arrangements meet our children’s needs?
- Are the financial terms fair and transparent?
- Do we understand the long-term consequences?
- Have we obtained proper legal advice?
Consent orders give you the security of a binding court order without the cost and stress of going to trial. They help you move forward confidently and give your children a stable foundation for the future.
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