Consent Orders
Our consent order lawyers with help you secure peace of mind by formalising your family law agreements, ensuring legal recognition for parenting and property matters that you are your former partner have reached.
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Our Sydney consent orders lawyers help you formalise family law agreements without going to court.
Our consent orders lawyers understand how important it is to finalise your property and parenting matters in a way that provides certainty to both parties – and legal enforceability if required. Consent orders are a powerful and practical way to achieve this, allowing separated couples to formalise agreements on parenting, asset division, and other financial matters, such as spousal maintenance.
Aside from having a clear, binding agreement in place, consent orders allow you and your former partner to avoid the stress and expense of going to court. Once you have a written agreement about how you wish you to manage property and parenting matters, you have your orders drafted, and submit them to the court for approval.
What are consent orders in Australian family law?
In Australia, consent orders are the most common pathway used by separating couples to formalise, and finalise, property and parenting matters. They are a legally enforceable order made by the Federal Circuit and Family Court of Australia, based on agreements made between separated married or de facto couples.
Most people reach agreements for parenting and property through discussion, with assistance of their lawyer, or in mediation. These agreements are then written into ‘Minutes of Consent Orders’, a legal term for how the agreement is presented to the court. People generally have a consent order lawyer assist with drafting, although some people choose to do them without legal assistance. Once the orders are drafted, they are sent to the court for review, and in most cases, are approved. Once approved, they are legally binding on all matters set out.
Parenting consent orders vs financial consent orders in Australia - key differences
You can apply for consent orders for parenting matters, property matters, or both. Many people with children choose to do both at the same time, because it formalises agreements and allows both parties to move forward with certainty.
Parenting orders cover all aspects of your care arrangements with your children, including living arrangements, changeover times and places, education, medical care, school holidays and special occasions, and anything else that’s important to agree on. They allow both parents to have clarity about the agreement and orders; once made, they are legally binding unless changed with both parties’ consent or one parent demonstrates a significant change in circumstances. They do not cover child support agreements in most cases.
Property orders cover all aspects of financial separation, including asset division, property transfers and sales, superannuation splits, and spousal maintenance. They also include details on where any pets may end up, if included in the agreement. Property orders generally include clear instructions and timelines for transfers, which must be followed when the order is approved.
How to apply for consent orders: The FCFCOA process step by step
Consent orders are made for parenting and property matters after both parties have reached an agreement. Here are the steps to finalise your orders, from start to finish.
Step 1: Reach an agreement
The first step is to negotiate your matters with your former partner, which is often done through mediation. It can also be done by private agreement or lawyer-assisted negotiations. For property matters, this process begins with financial disclosure from both parties. From here, property is divided in a just an equitable way, according to the framework set out in section 79 of the Family Law Act 1975 (Cth). Parenting matters can be negotiated to suit your child’s needs, covering changeovers, time with each parent and long-term decisions.
Step 2: Ensure agreements are legally sound
If you have negotiated privately or in mediation, it’s a good idea to get clear legal advice about the fairness of your agreement and how they will impact you in the long-term. Consent orders are legally binding and can be difficult to change, so it's recommended to have agreements checked before signing anything. You do not have to seek legal advice for consent orders, but it’s generally in your best interests to do so.
Step 3: Draft orders
Either you, your former partner or ideally, one of your lawyers, will then write down the agreements on the consent order application. Ensure details are clear and there are no gaps that could cause confusion, such as omitting changeover times, or details required for property transfers. Make sure all details are double-checked, and consider how they will play out over the long-term. Consider if any financial agreements are fair and equitable under, and have genuinely taken into account both parties' needs and contributions.
Step 4: Fill out and sign the application
When both parties are happy with the draft orders, an Application for Consent Orders can be made, by either party, or their lawyers. Both parties will need to sign the application form (and annexed orders) prior to submission. Double-check everything before signing! If there are any aspects that are confusing or that you don’t understand, seek legal advice before signing.
Step 5: Lodge your application
When the application is finalised, it must be submitted to the Federal Circuit and Family Court of Australia (FCFCOA) by either party or their lawyer. The application can be e-filed in the Commonwealth Courts Portal, or filed in person or by post at a court registry.
Step 6: Pay your filing fees
When you lodge your orders, you will need to pay any associated filing fees. If your consent order lawyer is doing this on your behalf, they will explain which fees are required, as well as any legal fees incurred. The 2026 schedule of fees, set by the FCFCOA, can be found here. Your application will then go into a queue for assessment by the court.
Step 7: Registrar review
Your application will be assessed by a Registrar, generally within 2-6 weeks, though sometimes a little longer, depending on the court's backlog at the time you apply. Most consent orders are approved without a hearing. You or your lawyer will be contacted if there are any issues or if the court requires further information.
Step 8: Orders issued
If the court approves your orders, you or your lawyer will be notified by email that the court has approved and sealed them. The orders take effect from this time forward.
Step 9: Orders in force and require actioning
From here, your orders are legally binding and enforceable. Both parties must abide by the terms set out from here forward, whether regarding parenting matters, property matters, or both. Timelines for transfers must be actioned, and parenting orders must be complied with.
How Can We Help You?
Mediation & Negotiation
Assisting with mediation and negotiation to help you and your former partner reach agreement on parenting and property matters.
Consent Order Drafting
Preparing clear, legally sound parenting and property consent orders that reflect agreements made and provide long-term certainty for both parties.
Consent Order Applications
Managing the full application process to have consent orders reviewed and approved by the Federal Circuit and Family Court of Australia.
Variations of Orders
Assisting with changes to existing consent orders when there has been a significant change in circumstances.
Enforcement of Orders
Enforcing parenting or property orders that are not being followed by the other party and prospecting your rights and the integrity of orders in place.
Spousal Maintenance
Creating formal agreements for short or long-term spousal maintenance that are legally binding and enforceable.
What does the court consider when making property orders? Requirements under Section 80
In accordance with section 80 of the Family Law Act, 1975 (Cth), the court can make orders for the transfer of property between parties of a marriage. This can include transferring a property from one person to another, ordering the sale of a property and the division of any proceeds, making lump sum or periodic payments, appointing or removing trustees, managing debts and liabilities, or adjusting the percentage of ownership in assets, such as the family home or superannuation.
The court can also issue injunctions to either party to protect property, requesting a party to refrain from selling or transferring property, emptying bank accounts, or incurring further debts. The court can also order transfers of property or assets to third parties involved in property settlement proceedings, such as a bankruptcy trustee or a debtor if a personal insolvency agreement trustee is a party to the proceedings.
Why consent orders get rejected - and how to avoid this
Consent orders can get rejected for a number of reasons, but in most cases, the court will request further information before making a final decision. Quite often, it’s because applications or orders aren’t filed correctly, which can significantly delay outcomes.
Property orders are often rejected if they are not just and equitable, and one party seems to be significantly disadvantaged by the orders being made. This principle is key in property settlement proceedings, and even if an agreement has been made between separating individuals, the courts still need to use their discretion to decide if an outcome is just an equitable, as seen in Bevan & Bevan [2014] FamCAFC 19 (19 February 2014), when the court dismissed a claim based on its fairness, rather than expressly on the four-step property process. This demonstrated that making an agreement is not enough, the court needs to independently assess fairness in each matter. A lack of financial disclosure is also a common reason orders are rejected. The court cannot assess whether an order is fair without full details from both parties.
Parenting orders can be rejected if the court does not agree that the orders to be made are in a child’s best interests. This may be due to serious issues such as safety matters not being addressed, orders not being clear enough, or orders being highly impractical.
Incorrect or vague drafting of orders is also an issue that can result in orders not being made. This might be ‘weekly changeover’, with no clear time or day. Or ‘transfer of the house’, with no clear details about how that happens. The wording is important because the orders need to be legally actionable. The other big one is administrative issues. Paperwork not signed or witnessed, missing pages or gaps in applications.
Our consent orders lawyers see this often when people attempt to apply without legal support. Your lawyer will ensure that all details are correct before lodging, ensuring an efficient timeline with no delays due to errors in applications.
Consent order costs in Sydney: What to expect
Consent order costs are generally in the thousands, with variances based on the amount of legal assistance required, if interim (short-term) and final orders are being sought, or only final orders, and if parenting, property or both are being made into orders.
Early costs will relate to mediation and lawyer assisted negotiation, as well as any valuations or financial advice that is required for property settlement. Complex asset pools including businesses, trusts, self-managed super funds or international assets will generally attract higher legal and related fees.
The Federal Circuit and Family Court of Australia sets filing fees for consent orders. As of April 2026, the current fees are:
| Consent Orders Application | $205 |
| Initiating Application, Final Orders for Parenting or Property | $435 |
| Initiating Application, Interim & Final Orders Parenting or Property | $585* |
| Initiating Application, Final Orders for both Parenting & Property | $710 |
| Initiating Application Final & Interim Orders for both Parenting & Property | $860* |
| Response to initiating application (Final) | $435 |
| Interim order application / application in a parenting and / or property proceeding | $150 |
There can also be additional fees for any negotiations along the way, or for property and parenting matters that require a hearing to finalise.
How Justice Family Lawyers can help
At Justice Family Lawyers, we understand the importance of clear, well-structured consent orders that reduce the likelihood of disputes in the future. Our role is to protect your rights while focusing on arrangements that support your long-term interests and personal circumstances.
We provide a balanced, professional presence during discussions, reducing the emotional stress that can arise in family matters. By preparing comprehensive, enforceable consent orders, we help reduce the risk of misunderstandings and disputes later on. This approach can save you time, money, and unnecessary stress in the future.
How We Work Together
Step 1. Book Free Discovery Call
We listen to your situation, identify the immediate issues and help you understand the most sensible next step.
Step 2. Get Clear Advice
We explain your legal position, answer your questions and outline a practical strategy for divorce, parenting and property matters.
Step 3. Confident Resolution
We work toward a legally binding outcome through negotiation, mediation, or court, where required, so you can move forward with certainty.
Binding Financial Agreement vs Consent Orders: Which Is Right for You?
While consent orders are the most commonly used legal pathway for finalising property matters in Australia, another option is a binding financial agreement. These agreements must also be carefully drafted, but they are not signed off by the court, allowing more privacy for both parties.
However, each person signing the agreement must seek independent legal advice before signing a BFA, to ensure they are aware of the implications and fairness of the agreement. Without doing this, an agreement is not valid, or enforceable.
Both consent orders and financial agreements are widely used in Australian separations, and BFA’s can be drafted before, during or after a relationship, giving both parties some certainty about the future. Consent orders can only be drafted after a relationship ends, and can also cover parenting matters, which BFAs do not. You can use a consent order for parenting, and a BFA for financial matters. If you are unsure which is the right option for you, please get in touch with our team about the best option in your circumstances.
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Our Team
Meet Hayder Shkara - Director, Justice Family Lawyers
Director
Hayder Shkara is the Director of Justice Family Lawyers.
A strong media personality, Hayder is considered an authority on all Australian legal matters. He is the founder of the practice and is passionate about combining clear legal strategy with empathetic client care.
An Olympian who represented Australia in Taekwondo at the Rio de Janeiro Olympic Games, Hayder brings discipline, strategic thinking and composure to complex family law matters.
Harpreet Bawa
Senior Associate
Family law specialist with expertise in complex financial splits, recovery and relocation orders, and high-conflict parenting matters.
Monique Alexander
Senior Associate
Family law practitioner skilled in property and parenting matters, drawing on her background as a Court Associate to provide informed, effective advocacy.
Laila Sayed
Solicitor
Family law solicitor specialising in parenting and property disputes, known for her empathy, advocacy, and client-focused approac
Bree Campbell
Solicitor
Family and criminal law solicitor specialising in AVO matters, criminal defence, and parenting and property disputes.
Karly Muller
Solicitor
Karly graduated from Western Sydney University with a Bachelor of Laws (LLB) in 2021 and completed her Graduate Diploma in Legal Practice (GDLP) with the College of Law in 2022.
Frequently Asked Questions
Can consent orders cover both parenting and property matters?
Yes they can. Consent orders can address arrangements for children as well as the division of property, finances and superannuation. You also have the option to organise a parenting plan and a consent order for property matters, or consent orders for parenting matters and a financial agreement for property division.
How do the courts decide which consent orders to approve?
Consent orders that are well drafted, fair and actionable are generally key to receiving approval. The court needs to be satisfied that property orders are equitable and that parenting consent orders are in the best interests of the child, or children involved.
In accordance with section 79(2) of the Family Law Act 1975, the court has to be satisfied that in all instances, it is just and equitable to make the order. This has been highlighted by matters such as Stanford vs Stanford & Stanford [2012] HCA 52, where the courts placed greater emphasis on the fairness of the agreement that the four step property settlement process used to divide assets.
In parenting matters, approval of consent orders must be aligned with the best interests of children involved, and also practical. It’s important to get advice from a consent order lawyer to ensure that your orders are drafted to meet these requirements.
What happens if one party breaches a consent order?
Consent orders are legally enforceable. If one party does not follow the orders, the other party may be able to apply to the court to have the order enforced or seek other remedies available under the law. Parties will generally need to attempt mediation or FDR prior to involving the courts if parenting orders are not being abided by, unless there is an immediate matter needing to be before the courts, a safety risk or family violence dynamics.
Property orders that are not being followed will generally come back to court for the court to enforce, and ensure orders are correctly actioned. There can be penalties for those who do not comply with their orders, depending on the severity of breaches or non-compliance.
Do I have to go to court to get consent orders?
No. The process does not require attending a court hearing. Once both parties agree and the application is lodged, the court will review the documents and decide whether to approve them. Court hearings are only required when both parties can’t reach agreement.
How long does it take to get consent orders approved?
The timeframe can vary depending on the court’s workload and the completeness of the application. Ensuring your documents are correct and comprehensive and well-drafted can help avoid unnecessary delays.
When can I apply for consent orders?
Consent orders can be sought at almost any stage after separation, whether discussions are just beginning or are already well-advanced. Property matters must be initiated within one year of your divorce becoming final, or within two years of a de facto separation. If you don’t apply for property matters in this timeframe, you will have to seek special permission from the court, which isn’t always granted.
Do I have to use a lawyer to apply for consent orders?
No, you don’t have to use a lawyer, but it’s a good idea to get clear legal advice if you are considering making an application on your own. This is for a number of reasons, including protecting your own interests. You may be entitled to more than you are aware, or agree to long-term parenting arrangements that may not consider what’s going to be best for you and your children. DIY applications can be made through the Federal Circuit and Family Court of Australia’s Consent Orders Kit, but it’s a very good idea to speak with a lawyer before signing anything.
Can we use an informal agreement instead of organising consent orders?
In an ideal world, informal agreements would be suffice after a separation. Unfortunately, relying on verbal or informal arrangements can create future issues, as there is no enforceable mechanism if one party changes their mind. Even with the best of intentions, misunderstandings or disputes can happen over time, which is why formalising agreements through consent orders provides greater certainty for both parties.
Get Started Today
If you are finalising parenting and property matters, our Sydney consent order lawyers will ensure you have a clear understanding of your legal position from the outset. We can help you through negotiations and financial disclosure and when an agreement is reached, draft agreements that provide long-term peace of mind.