Consent Orders are the most secure and court-recognised way to finalise parenting arrangements and property settlement after separation in Australia.
This 2025 national guide explains exactly how Consent Orders work, what they cover, how to apply, how much they cost, and why they offer the highest level of protection for separated couples.
This page is written to give you clear, step-by-step guidance — and to help you avoid expensive court proceedings.
What Are Consent Orders?
Consent Orders are legally binding court orders made by agreement between two separated partners.
They finalise either:
- Parenting arrangements
- Property settlement
- Or both together
These orders are submitted to the Federal Circuit and Family Court of Australia, and once approved, they carry the same legal power as if a judge made the decision at trial.
Consent Orders allow you to avoid going to court while still obtaining the protection only a court order can give.
Why Consent Orders Are the Safest Option
Consent Orders are preferred by most separating couples because they are:
✔ Legally binding
✔ Court-sealed
✔ Enforceable nationwide
✔ Accepted by banks for refinancing
✔ Cheaper and faster than court
✔ Much safer than a handshake agreement
✔ Harder to challenge later
If you reach an agreement with your ex, Consent Orders are the strongest, most cost-effective option in Australian family law.
What Can Consent Orders Cover?
Consent Orders cover anything you and your ex agree to, including:
Property Settlement Orders (Financial Orders)
- sale of homes / properties
- one partner buying out the other
- division of savings
- division of shares, investments, and crypto
- superannuation splitting
- car and vehicle arrangements
- payout amounts
- responsibility for debts
- transfer of businesses or trusts
- division of furniture and belongings
- timing for payments or transfers
- future financial obligations
Anything involving money, property, or assets can be finalised.
Parenting Orders
- where the child lives
- time with each parent
- school arrangements
- travel restrictions
- communication methods
- decision-making responsibilities
- holiday and birthday arrangements
- medical and education decisions
Parenting Consent Orders legally protect both children and parents.
Consent Orders vs Parenting Plans
A Parenting Plan is NOT legally enforceable.
Consent Orders ARE.
| Feature | Parenting Plan | Consent Orders |
|---|---|---|
| Legally binding? | ❌ No | ✔ Yes |
| Enforceable by court? | ❌ No | ✔ Yes |
| Recognised by police? | ❌ No | ✔ Yes |
| Safe for high-conflict cases? | ❌ No | ✔ Yes |
| Accepted by Centrelink? | ❌ No | ✔ Yes |
If you want certainty → Consent Orders.
If you and your ex are amicable and trust each other → Parenting Plan is an option, but not protective.
Consent Orders vs Binding Financial Agreements
Both are legally valid, but used differently.
- Consent Orders finalise property settlement after separation.
- Binding Financial Agreements (BFA) can be done before, during, or after a relationship.
The Consent Orders Application Process (Step-by-Step)
Negotiate an agreement
This can be done directly, through lawyers, or through mediation.
Draft the terms
Precise legal drafting is required. Poorly drafted terms can be rejected by the court.
Prepare the Application for Consent Orders
This form outlines the agreement, asset pool, incomes, liabilities, contributions, and children’s arrangements.
File the application electronically
Lodged through the Federal Circuit and Family Court of Australia portal.
The court reviews the agreement
A registrar will review the terms to ensure they are fair, safe, and in the best interests of any children.
Orders are approved and sealed
Once approved, they become enforceable court orders.
The entire process can be completed without either party attending court.
How Long Do Consent Orders Take?
Typical timeframes:
- Drafting: 48–72 hours
- Court review: 2–6 weeks
- Final orders: Sealed and delivered electronically
Urgent matters can be prepared same day if needed.
Are Consent Orders Legally Enforceable?
Yes — Consent Orders are fully enforceable under the Family Law Act 1975.
This means:
- police can enforce parenting orders
- the court can enforce compliance
- banks must accept property orders for refinancing
- penalties apply for breach
- parties cannot simply “change their mind”
Consent Orders give you maximum security and finality.
Can Consent Orders Be Changed Later?
Yes, but only in limited circumstances:
- a major change in circumstances
- orders are no longer workable
- risk to a child
- serious financial hardship
- both parties agree to change them
Small disagreements do not satisfy the test.
Consent Orders are designed to be final.
How Much Do Consent Orders Cost?
Most law firms charge:
- $4,000–$10,000 (property only)
- $5,000–$15,000 (parenting + property)
At Adams United Lawyers:
Fixed Fee Consent Orders:
From $2,750 (inc GST)
Includes:
✔ Full drafting
✔ Court filing documents
✔ Legal advice
✔ Negotiation
✔ Unlimited revisions
✔ Nationwide service
✔ Fast turnaround
Clear, transparent, no hourly billing.
Do You Need a Lawyer for Consent Orders?
Technically you can apply without a lawyer —
but most unrepresented applications get rejected.
Common reasons for rejection include:
❌ incorrect drafting
❌ missing financial disclosure
❌ not “just and equitable”
❌ unclear parenting terms
❌ unfair superannuation splits
❌ ambiguous obligations
❌ unsafe parenting arrangements
❌ missing attachments
Rejected applications must be redrafted and refiled → costing more time and money.
A lawyer ensures your agreement is accepted the first time.
What Happens If We Disagree?
Even if you cannot agree, you still have options:
- negotiation through lawyers
- mediation (FDR)
- arbitration (financial matters)
- court application
Most matters settle before court is needed.
Consent Orders for De Facto Couples
Consent Orders apply equally to:
- married couples
- separated married couples
- de facto couples
- same-sex couples
Australian law treats de facto relationships the same as marriages for property and parenting.
Why Choose Adams United Lawyers?
✔ Fixed fees
✔ 27+ years specialist experience
✔ Nationwide service
✔ Fast turnaround
✔ Court-level drafting
✔ Experienced in complex property pools
✔ Clear, compassionate approach
✔ No hidden fees
We specialise in property settlement + consent orders across Australia.
Start Your Consent Orders Today
📞 1800 407 792
📧 kadams@adamsunited.com.au
🌐 adamsunited.com.au
External Resources
https://www.fcfcoa.gov.au
https://www.ag.gov.au/families-and-marriage
https://www.servicesaustralia.gov.au/separated-parents
