Consent orders lawyers
If you have reached agreement, consent orders make it legally binding. They are approved by the Court without either of you needing to attend a hearing.
Start with a free 20-minute discovery call. Meetings across Australia, in person or online.
Reaching agreement is a significant achievement. Formalising it properly protects what you have agreed for years to come.
Consent orders can cover parenting arrangements, property and superannuation, or both. Once made, they have the same effect as orders made by a judge after a hearing.
We draft orders that are clear, workable and likely to be approved, and we make sure nothing is overlooked, from superannuation trustees to property transfers.
Getting the detail right
Poorly drafted orders cause problems later: unclear changeover arrangements, missed superannuation steps or transfers that cannot be completed.
We draft with the practical steps in mind and, through our sister firm Access Legal, can help carry out property transfers once your orders are made.
Access LegalHow we can assist
Whether you reached agreement directly, through mediation or with lawyers, we turn it into orders that work.
Parenting consent orders
Formalising living arrangements, time with each parent and decision-making.
Learn moreSuperannuation splits
Including superannuation splits and giving the required notice to the fund.
Reviewing draft orders
Independent advice on orders prepared by your former partner’s lawyer.
Varying orders
Advice where circumstances have changed and existing orders no longer work.
Implementing orders
Property transfers, refinancing and other steps to carry out your orders.
Out-of-time applications
Seeking permission where property time limits have passed.
Consent orders and binding financial agreements both finalise property matters. We will advise which suits your circumstances. See binding financial agreements.
How consent orders are made, step by step
Most consent orders are made without anyone attending court. Here is how the process works.
Call 1300 739 954Reach agreement
Agreement can be reached directly, through lawyers or in mediation. For property, both parties should first exchange full financial disclosure.
Draft the orders
We prepare the proposed orders in clear, enforceable terms, along with the application setting out your circumstances.
Notify superannuation trustees
Where a superannuation split is proposed, the fund trustee must be given notice before the orders are made.
Sign and file
Both parties sign, and the application is filed with the Federal Circuit and Family Court of Australia. A filing fee applies.
The Court reviews the application
A registrar checks that parenting orders are in the children’s best interests and property orders are just and equitable. Further information may be requested.
Carry out the orders
Once made, the orders are binding. We help with transfers, refinancing and superannuation splits.
“What makes Suvarna truly exceptional is not just her legal expertise, but the humanity, conviction and genuine care she brings to those she represents.”
Reached an agreement?
Talk to us about making it formal and binding.
What the Court checks
The Court does not simply approve whatever is agreed. It reviews the application before making orders.
Best interests
For parenting orders, whether the arrangements are in the children’s best interests, including safety.
Just and equitable
For property orders, whether the division is fair given contributions and future circumstances.
Clear and workable
Whether the orders are clear enough to be carried out and enforced.
Common questions about consent orders
Do we have to go to court for consent orders?
No. Consent orders are usually made on the papers, without either of you attending a hearing.
How long do consent orders take?
Timeframes vary with the Court’s workload. The Court may also ask for more information before making orders, so careful drafting helps avoid delay.
What is the difference between a parenting plan and consent orders?
A parenting plan is a signed agreement but is not legally enforceable. Consent orders are made by the Court and are legally binding.
Can consent orders be changed later?
Parenting orders can be changed by a later agreement or, without agreement, generally only where there has been a significant change in circumstances. Property orders are final and can only be set aside in limited circumstances.
Is there a time limit for property consent orders?
Yes. The same time limits apply as for other property applications: 12 months from a divorce taking effect, or two years from separation for de facto couples. After that, the Court’s permission is needed.
What if my former partner does not follow the orders?
Orders can be enforced. Options range from negotiation to applications for contravention or enforcement. We can advise on the best approach.
What does it cost?
Your first step is a free 20-minute discovery call, where we listen, explain your options and outline what working with us could look like. If you go ahead, we explain costs clearly at the outset.
This is general information, not legal advice for your situation.
Make your agreement final.
If you have reached agreement, or are close to it, we invite you to start with a confidential conversation about formalising it properly.
