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Consent Orders in Australia: How to Formalise Your Agreement

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When you and your former partner reach an agreement about property, finances, or parenting after separation, a handshake or a written note is not enough to make it legally binding. To turn your agreement into a court order that both parties must follow — without either of you having to attend a hearing — you apply for consent orders. This guide explains what consent orders are, how they work in Australia, what they cost, and how to get them right the first time.

What are consent orders?

Consent orders are formal orders made by the Federal Circuit and Family Court of Australia that record an agreement you and your former partner have reached. Once approved, they carry the same legal force as orders made by a judge after a contested hearing — but you get there by agreement, not by fighting it out in court. Consent orders can deal with:

  • Property and financial matters — how you divide assets, superannuation, and debts, and any spousal maintenance
  • Parenting arrangements — who children live with and spend time with, and how major decisions are made

You can apply for property orders, parenting orders, or both together in the one application.

Why formalise your agreement with consent orders?

Many separating couples reach a sensible agreement between themselves and assume that is the end of it. The risk is that an informal agreement is not legally enforceable and does not provide a clean financial break. Consent orders give you:

  • Certainty and enforceability — if the other party does not comply, the orders can be enforced by the court
  • A clean break — property consent orders can prevent your former partner making a future claim against your assets
  • Stamp duty relief — transfers of property between separating parties under court orders can attract duty exemptions
  • Peace of mind for children’s arrangements — parenting orders set out clear, enforceable expectations

How do you apply for consent orders in Australia?

The process is a paperwork process, not a court appearance. In most cases neither party needs to attend court at all. The steps are:

  1. Reach agreement on the property and/or parenting arrangements.
  2. Prepare an Application for Consent Orders setting out both parties’ financial circumstances (assets, liabilities, superannuation and income).
  3. Prepare the proposed orders — the Minute of Consent Orders — which sets out exactly what each party will do.
  4. Both parties sign the documents.
  5. File the application with the Federal Circuit and Family Court (this can be done online), with the filing fee.
  6. A Registrar reviews the application. If satisfied the orders are just and equitable (for property) or in the best interests of the children (for parenting), the Registrar makes the orders — usually without either party attending.

Will the court just approve whatever we agree?

Not automatically. Even though the orders are by consent, a Registrar must be satisfied the property division is just and equitable and that any parenting arrangements are in the best interests of the children. If the paperwork is incomplete, the proposed orders are unclear, or the split looks well outside a fair range without explanation, the court can ask for more information or decline to make the orders. This is the most common reason consent order applications are delayed — and the main reason it is worth having the documents prepared properly.

Consent orders vs binding financial agreements

Both can formalise a property settlement, but they are different tools. Consent orders are approved by the court and are generally harder to set aside, which gives strong finality. A binding financial agreement (BFA) is a private contract between the parties that does not go through the court, but it must meet strict requirements — including that each party receives independent legal advice — or it can be challenged. Which one suits you depends on your circumstances; we can talk this through at your initial consult.

Is there a time limit for consent orders?

Yes. For married couples, an application for property or spousal maintenance orders must generally be made within 12 months of your divorce becoming final. For de facto couples, the limit is generally two years from the date of separation. Applications outside these periods need the court’s permission. Parenting orders are not subject to the same limits. If you are approaching a deadline, get advice promptly.

Get your consent orders done properly

The value of consent orders is in getting them right — clear, enforceable, and approved the first time. Preston & Associates is a North Lakes family law firm serving Brisbane’s northside, including Mango Hill, Kallangur, Narangba, Rothwell, Caboolture and Redcliffe. We offer a fixed-fee initial consultation from $330 where we can review your agreement and explain the most efficient way to formalise it — whether that is consent orders or a binding financial agreement.

Related guides

Frequently asked questions

What are consent orders?
Consent orders are formal orders made by the Federal Circuit and Family Court of Australia that record an agreement you and your former partner have reached about property, finances or parenting. Once approved they have the same legal force as orders made by a judge, but you reach them by agreement rather than a contested hearing.
Do we have to go to court to get consent orders?
In most cases, no. Applying for consent orders is a paperwork process. You file an Application for Consent Orders and the proposed orders, and a Registrar reviews them. If satisfied, the Registrar makes the orders — usually without either party attending court.
Will the court approve whatever we agree?
Not automatically. A Registrar must be satisfied a property division is just and equitable and that parenting arrangements are in the best interests of the children. Incomplete paperwork, unclear orders, or a split well outside a fair range without explanation can cause delay or refusal.
What is the difference between consent orders and a binding financial agreement?
Consent orders are approved by the court and are generally harder to set aside, giving strong finality. A binding financial agreement is a private contract that does not go through the court but requires each party to receive independent legal advice or it can be challenged. Which suits you depends on your circumstances.
Is there a time limit to apply for consent orders?
Yes. Married couples generally must apply for property or maintenance orders within 12 months of divorce becoming final. De facto couples generally have two years from separation. Applications outside these periods need the court's permission. Parenting orders are not subject to the same limits.
How much do consent orders cost?
There is a court filing fee set by the Federal Circuit and Family Court, plus the legal cost of preparing the application and orders correctly. At Preston & Associates you can review your agreement and get an estimate for formalising it at a fixed-fee initial consultation from $330.