The time iThe timeframe for obtaining consent orders in Australia typically ranges from 6 to 8 weeks after submitting your application to the court. However, this is not fixed. Delays can happen depending on the court’s workload, the complexity of your situation, or missing documentation.
If your matter intersects with safety concerns—such as domestic violence, harassment, or protective measures—timelines can shift further. In such cases, consulting an AVO lawyer in Sydney can help you understand whether additional court orders, like an Apprehended Violence Order (AVO), may impact or delay the consent order process.
Step-by-Step Procedure for Getting a Consent Order in Australia
Applying for consent orders is a structured process that requires attention to legal detail. Here’s how it typically works:
1. Negotiate Agreements
Before filing, all parties need to reach a clear agreement on financial arrangements, property division, and—if applicable—parenting responsibilities. This step can involve informal discussions, professional mediation, or negotiation through solicitors.
In matters where safety concerns exist, involving AVO lawyers in Sydney early in the process ensures that any protective conditions are reflected in the proposed parenting or property agreements. This is especially important when one party is subject to an AVO, or where contact restrictions apply.
2. Obtain Legal Advice (Recommended)
Independent legal advice is not required by law for consent orders, but it is strongly encouraged. A family lawyer can explain your options, help you draft a fair agreement, and assess whether the court is likely to accept your proposal.
When an AVO is already in place or being considered, an AVO lawyer in Sydney can assess whether the terms of your agreement might breach those conditions. This is critical, especially if you share parenting responsibilities and need to structure handovers or communication boundaries safely.
3. Drafting the Application
Once an agreement is reached, you’ll need to complete the Application for Consent Orders form, including any supporting documents. This includes financial statements, proposed parenting arrangements, and other annexures as required.
If an AVO intersects with your family law matter, make sure the draft reflects those constraints. An experienced AVO lawyer in Sydney can assist your legal team in ensuring that the consent orders and AVO do not conflict, particularly in shared custody situations.
4. Review of the Application
Before lodging the documents, review them carefully for accuracy. Any missing or inconsistent information can delay processing. If there’s a history of domestic or family violence, this step is also an opportunity to ensure the orders are aligned with any AVO conditions.
AVO lawyers often collaborate with family lawyers in these situations to ensure both sets of legal orders operate cohesively.
5. Submission to the Family Court
Applications are lodged with the Family Court, either electronically through the Commonwealth Courts Portal, by post, or in person. A filing fee applies, though you may be eligible for a reduction in cases of financial hardship.
Where there’s an active AVO, AVO lawyers in Sydney may advise whether a copy should be attached or disclosed to the court. Doing so can help demonstrate why particular arrangements—such as supervised visits or third-party communication—are necessary.
6. Court Evaluation
A registrar or judge will assess whether the proposed orders are legally sound and in the best interests of any children involved. They will also check whether the agreement is just and equitable for financial matters.
If your consent orders include provisions that overlap with an AVO, the court will likely consider the safety of both parties and any children. This is why involving a skilled AVO lawyer in Sydney can help ensure the final document passes court scrutiny without triggering the need for revisions.
7. Issuance of Consent Orders
If the court is satisfied, it will issue sealed consent orders. These are legally binding and enforceable. Parenting and financial matters can now proceed under the terms approved by the court.
Even after consent orders are granted, AVO lawyers may still be involved to ensure ongoing compliance with protective conditions, especially if there’s any risk of breach due to misunderstandings or disagreements about the orders.
8. Compliance
Once issued, both parties are legally required to comply. If the orders are breached, enforcement action can follow.
Where AVOs are also in effect, AVO lawyers in Sydney can help interpret which order takes priority and what action to take if one appears to conflict with the other. This is especially useful if the AVO is long-term and could affect contact or communication.
Also Read: Binding Financial Agreement vs Consent Orders in Australia
Potential Delays
Several issues can delay your consent orders, and understanding these ahead of time can help manage expectations and reduce frustration.
Disputes Between Parties: Even after reaching a general agreement, disagreements may arise over specific terms—such as the wording of parenting arrangements, the timing of asset transfers, or compliance with existing court orders. If these disagreements escalate, mediation may be necessary, which can prolong the process.
Court Backlogs: The Family Court deals with a high volume of cases, and even correctly filed applications can be affected by scheduling bottlenecks. This is especially common during holiday periods or when registries are short-staffed. Unfortunately, there’s often little control over how quickly a registrar or judge can review your matter once submitted.
Incomplete or Inconsistent Paperwork: Errors such as missing financial details, unsigned documents, or inconsistencies between the application and annexures can result in requests for clarification or resubmission. This can easily extend the timeline by weeks. In cases involving property or superannuation, supporting documents must be precise and thorough.
The Need to Align with Existing AVOs: When an Apprehended Violence Order (AVO) is in place, the terms of the consent order must not conflict with protective conditions—such as no-contact clauses or restrictions on proximity. Aligning these legal frameworks may require joint review by your family lawyer and an AVO lawyer in Sydney, particularly if shared parenting or property access is involved.
In addition to the above, further delays can occur when:
AVO Variations Are Required: If the consent orders require contact or arrangements that differ from what an AVO currently allows (e.g. co-parenting exchanges or property retrieval), an application to vary the AVO may be needed. AVO lawyers in Sydney can assist in determining whether a variation is appropriate and guide the court through the process.
Urgent Safety Concerns Arise Mid-Process: If new allegations of violence or harassment occur while a consent order application is underway, urgent intervention may be required. An experienced AVO lawyer in Sydney can act swiftly to request interim AVOs or advise the court of new risk factors, which may temporarily pause the family law proceedings.
Multiple Court Jurisdictions Are Involved: In some situations, matters may need to be addressed across different courts—such as the Local Court for AVOs and the Family Court for consent orders. This can create administrative delays and scheduling conflicts. Coordination between your family solicitor and AVO lawyers is crucial to keep both matters aligned.
While these types of delays may seem frustrating, addressing them properly ensures that your final orders are safe, enforceable, and tailored to your specific circumstances.
Working With Justice Family Lawyers
At Justice Family Lawyers, we understand how stressful family disputes can be—especially when protective orders are also involved. Our team works closely with experienced AVO lawyers in Sydney to ensure your consent orders reflect your legal obligations while keeping your safety and long-term goals in mind.
Whether you’re dealing with a parenting plan, a property agreement, or both, we handle the legal details with care and precision. Contact our team today to get timely support from family law professionals and trusted AVO lawyers who understand how to protect your rights across all areas of your case.
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.
