Consent Orders Australia: Your Complete Guide to Formalising Your Separation Agreement

If you have reached an agreement with your former partner about parenting arrangements, property division or financial matters following separation, formalising that agreement through consent orders is one of the most important steps you can take.

A handshake agreement or informal arrangement provides no legal protection. Consent orders, once approved by the Federal Circuit and Family Court of Australia, carry the same legal weight as orders made by a Judge at a final hearing, and they can be enforced accordingly.

This guide explains what consent orders are, what they cover, how to apply, and why the quality of the drafting matters significantly to the outcome.

What Are Consent Orders in Australian Family Law?

A consent order is a legally binding agreement between parties involved in a family law dispute that is approved by the Federal Circuit and Family Court of Australia. Unlike informal agreements, consent orders carry the same legal weight as court judgments, making them enforceable by law.

Consent orders allow separating couples to maintain control over their own arrangements while ensuring those arrangements have the legal protection and certainty that only a court order can provide. They eliminate the need for contested court proceedings while still giving both parties the security of judicial oversight.

Consent orders are available to both married couples and de facto couples across Australia, with the exception of Western Australia, which operates under a separate legislative framework.

What Can Consent Orders in Australia Cover?

Consent orders can cover a broad range of family law matters, including:

Parenting arrangements, such as who the children will live with, how time is shared between parents, how major decisions about the children will be made, holiday arrangements, communication between parties, and international travel.

Property settlement, including the division of real estate, savings, investments, vehicles, business interests and other assets, as well as the allocation of liabilities.

Superannuation splitting, where superannuation interests are to be divided between parties as part of a property settlement.

Spousal maintenance, where one party is to provide financial support to the other following separation.

Consent orders can also be used to vary or discharge existing family law orders where circumstances have changed.

Are There Time Limits for Applying for Consent Orders?

Yes, and this is an important point that is often overlooked. An Application for Consent Orders can be filed at any time after separation, but should be filed within 12 months of a divorce or within two years of the end of a de facto relationship.

If you are outside these time limits, you may still be able to apply but will need to seek leave of the Court to do so. This is another reason why formalising your agreement promptly is important, even if the relationship between you and your former partner is amicable.

How Do You Apply for Consent Orders in Australia?

The application process involves several steps, each of which requires careful attention to detail.

Step 1: Reach an agreement

Both parties must have reached an agreement on the terms before an application can be filed. This may be achieved through direct negotiation, mediation, or with the assistance of solicitors.

Step 2: Draft the proposed orders

The proposed orders must be drafted with precision. Poorly drafted terms can be rejected by the Court, cause delays, or create ambiguity that leads to disputes down the track. This is one of the most important stages of the process, and where legal assistance makes a significant practical difference.

Step 3: Complete the application

The Application for Consent Orders form must be completed, including information about the parties, the asset pool, incomes, liabilities, contributions and, where relevant, children's arrangements.

Step 4: File through the Commonwealth Courts Portal

From 31 October 2025, the Court requires both a signed PDF version of the proposed orders and an identical unsigned Word document version to be filed with the application. The application is filed electronically through the Commonwealth Courts Portal. In circumstances where electronic filing is not possible, filing at a Court registry remains an option.

Step 5: Court review

A Registrar will review the application to assess whether the proposed orders are just and equitable and, in the case of parenting orders, whether they are in the best interests of the children. In most cases this process does not require either party to attend court. The consent orders process typically takes between six and eight weeks for court approval.

Why Doesn't the Court Simply Approve Whatever We Have Agreed On?

The Court is not a rubber stamp. Even where parties have reached an agreement, the Court can only make the orders sought if they comply with the requirements of the Family Law Act. In parenting matters, the orders must be in the best interests of the child. In financial or property matters, the orders must be just and equitable.

This means that an agreement which appears fair to both parties may still be refused if it does not meet the legal threshold, or if there are issues with how it is drafted.

Obtaining legal advice before finalising your agreement significantly reduces the risk of your application being delayed or rejected.

Why Getting the Drafting Right Matters

Consent orders are designed to be final. Once made, they are difficult to vary or set aside. The terms need to be clear, comprehensive and correctly structured so that both parties understand their obligations and the orders can be enforced if necessary.

Common issues with poorly drafted consent orders include ambiguous parenting arrangements that lead to ongoing disputes, property orders that fail to account for all assets or liabilities, superannuation splitting orders that do not comply with the specific requirements of the Family Law (Superannuation) Regulations 2025, and orders that cannot be registered or acted upon by third parties such as banks or superannuation funds.

Ready to Formalise Your Agreement?

We assist clients across Australia (excluding Western Australia) with the preparation and filing of consent orders as a fixed-fee service. Whether your matter involves parenting arrangements, property settlement, superannuation splitting or a combination of all three, we will ensure your agreement is properly drafted, legally sound and filed correctly.

To get started, contact us directly or begin through our guided intake process and we will be in touch to discuss your circumstances and provide an accurate fee estimate.

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Not yet at the stage of formalising an agreement? If you are still working through the terms of your settlement and would benefit from clear strategic advice before finalising anything, a Strategic Advisory Session is the right starting point.

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