When couples separate, there are many decisions to be made about parenting, property, and finances. Reaching an agreement is one thing—making sure it lasts and is legally recognised is another. That’s where consent orders can help.
Consent orders are written agreements approved by the Family Court. Once approved, they become legally binding.
Whether you’re dealing with parenting arrangements or property settlement, family law consent orders give your agreement the same weight as a court order made after a hearing, but without going through a trial.
What Are Consent Orders and Why Are They Important in Family Law?
Consent orders are formal agreements that both parties agree to after separation or divorce. These orders can cover matters like who the children will live with, how time will be shared, and how assets or debts will be divided.
The most important thing about family law consent orders is that they are approved by the Family Court. Once this happens, the agreement becomes enforceable—just like a court order made after a trial.
This gives both parties peace of mind that their agreement can’t be changed without going back to court.
Consent orders are useful when both sides have already reached an agreement and want to make it official and enforceable. They are designed to prevent future arguments and help families move forward.
What Can Be Included in Consent Orders for Parenting and Property Matters?
You can apply for family court consent orders for parenting, property, or both. These agreements must be fair and in the best interests of any children involved.
Parenting Consent Orders Can Include:
- Where the children will live
- How much time they spend with each parent
- Schooling and medical care
- Communication with parents and other relatives
- How future decisions will be made together
Property Consent Orders Can Include:
- Who keeps the family home
- How savings, shares, or superannuation are divided
- Payment of debts or loans
- Transfer of car ownership or household items
- Spousal maintenance if one party needs financial help
If both parties agree on these things, they can make an application for consent order. The Family Court will only approve the orders if they are fair and workable.
Also Read: Financial Consent Orders: Examples and Process
How Do You Apply for Consent Orders in Australia?
Applying for consent orders is a step-by-step process. You do not usually need to go to court unless the court requires further information.
Here’s how it works:
- Reach an Agreement: Both parties must agree on the parenting or property arrangements.
- Draft the Consent Orders: These must be clear, complete, and written in legal form.
- Fill Out an Application for Consent Order: This form includes financial details and parenting history, if relevant.
- File the Application: Submit it to the Family Court along with the draft orders.
- Court Approval: The Court reviews the application. If the orders are fair, the Court will approve them and they become binding.
It’s helpful to speak with a legal professional when preparing your application for consent order to ensure everything is done correctly.
Are Consent Orders Legally Binding and Enforceable?
Yes. Once the Family Court approves the agreement, consent orders are legally binding. This means both parties must follow the terms exactly. If one person doesn’t do what was agreed upon, the other can ask the Court to enforce the order.
For example, if a parent refuses to return the children on time, or someone doesn’t transfer property as agreed, legal action can be taken. This makes family court consent orders much stronger than verbal agreements or informal parenting plans.
The law recognises consent orders in the same way as court orders made after a full hearing. That’s why they’re an effective way to ensure lasting arrangements.
Can You Change or Cancel Consent Orders Later On?
Consent orders are made to provide stability. But sometimes, circumstances change. If that happens, you may be able to vary or cancel the order. You can:
- Make a new application for consent order if both parties agree to update the terms
- Apply to the Court to change the order, but you’ll need to show a significant change in circumstances
- For parenting orders, this might include a relocation, change in the child’s needs, or safety concerns. For property orders, it may involve financial hardship or missed payments.
However, the Court won’t approve changes just because someone changed their mind. That’s why it’s important to be sure about your agreement before applying for family law consent orders.
Also Read: How Much Do Consent Orders Cost in Australia?
Strong Foundations Make Fairer Futures
Consent orders help couples formalise parenting and property arrangements without going to court. They reduce stress, protect both sides, and help ensure long-term cooperation. Whether you’re dividing assets or sharing care of your children, family law consent orders offer clarity and legal strength.
Ready to Protect Your Agreement with Consent Orders?
Do you have a parenting or property agreement you want to make official? Our team at Justice Family Lawyers can help prepare your application for consent order and make sure everything is clear, fair, and legally sound.
We understand how important it is to get this right from the start. Let us help you take the next step toward lasting peace of mind. Reach out to us today.
Principal of Justice Family Lawyers, Hayder specialises in complex parenting and property family law matters. He is based in Sydney and holds a Bachelor of Law and Bachelor of Communications from UTS.
