Consent Orders
When you separate, you and your former partner might agree on parenting, property, superannuation, or spousal maintenance.
Consent orders are how you ask the Federal Circuit and Family Court of Australia to turn that agreement into binding court orders. Instead of going through a hearing, you file the agreed terms, and if the court is satisfied, they become formal consent orders with full legal effect.
Consent orders give you certainty. For parenting matters, the court must be satisfied that the orders are in the children’s best interests. For property and financial issues, the outcome must be “just & equitable”. Once made, consent orders can be enforced if someone does not comply.
What can consent orders cover?
Most separating couples use consent orders to deal with parenting and property.
Parenting arrangements
Parenting consent orders can deal with most aspects of care for children under 18, such as where they live, how much time they spend with each parent, how changeover works, how they communicate with the other parent, and how major decisions about schooling, health, travel, and religion are made.
You can also lock in arrangements for school holidays and special occasions so everyone knows what to expect.
Property and financial settlement
Consent orders can also finalise your property settlement. This might include who keeps or sells the family home, how other real estate, savings, shares, and investments are divided, who takes on debts, how superannuation is split, and whether any spousal maintenance is paid.
The court looks at the asset pool, each person’s contributions, and future needs to decide whether the agreement is fair overall.
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Why many couples choose consent orders
For many families, consent orders are more attractive than a fully contested court case because it offers more control, a faster outcome, and less conflict. You and your former partner design the solution instead of leaving everything to a judge.
Most applications are decided on the papers without anyone attending court, and focusing on agreement usually supports better long-term co-parenting.
Consent orders are also enforceable, which gives you more security than an informal arrangement, and settling by consent usually keeps legal costs lower.
How to apply for a consent orders
In broad terms, you:
- Reach an agreement directly, through mediation, or with help from lawyers
- Complete an Application for Consent Orders and a Minute of Consent Orders setting out the exact wording
- Attach financial documents if property or spousal maintenance is involved
- File everything with the Federal Circuit and Family Court
A registrar checks that parenting orders are in the children’s best interests and that property orders are “just & equitable” with proper financial disclosure. If satisfied, the court seals the consent orders and sends copies to each party, usually taking effect straight away unless the orders say otherwise.
Time limits, risks, and getting help
Parenting consent orders can be applied for at any time after separation. For financial and property consent orders, married couples generally must apply within 12 months of their divorce becoming final, and de facto couples within 2 years of separation.
You can ask to file out of time, but permission is only granted in limited situations.
Common problems with consent orders include incomplete financial disclosure, vague parenting wording including “as agreed”, and signing off on terms without understanding your rights or the long-term impact.
You do not have to have a lawyer to apply for a consent orders, but a family lawyer can help you understand your entitlements, check the fairness of the outcome, draft clear orders, and advise you about enforcement or variation if things change later.
If you and your former partner have already reached an agreement, formalising everything through a consent orders can give you and your children the security you need to move on with confidence.
