Consent Orders: How to Finalise Property and Parenting Arrangements After Separation

Separation often brings uncertainty about finances, property, and parenting arrangements. Consent orders provide a clear, legally recognised way to formalise agreements and move forward with confidence.

This guide explains what consent orders are, how they work in Australia, what they can include, and how to apply, so you can make informed decisions at every stage.

What Are Consent Orders in Family Law?

Under Australian Family Law, consent orders are legally binding agreements approved by the Federal Circuit and Family Court of Australia (FCFCOA), reflecting arrangements made between separated parties.

They allow separating couples to formalise:

• • Property and financial settlement
  • Parenting arrangements for children

Once approved, consent orders carry the same legal weight as a court order made after a hearing, without the need to attend court.

Why Consent Orders Matter After Separation

Informal agreements may seem easier in the short term, but they can create uncertainty and risk over time.

Consent orders provide:

• • Legal certainty and finality
  • Protection from future claims
  • Clear, enforceable obligations
  • Reduced risk of disputes

For many separating couples, formalising an agreement is a practical step towards long-term stability.

What Can Consent Orders Include?

Consent orders can address both financial matters and parenting arrangements, making them a comprehensive solution after separation.

Property and Financial Orders:

• • Division of assets, liabilities, and superannuation
  • Sale or transfer of property
  • Spousal maintenance (if applicable)

Parenting Orders:

• • Living arrangements for children
  • Time spent with each parent
  • Parental responsibility and decision-making
  • Communication, travel and holiday arrangements

The Court will only approve parenting orders if they are in the best interests of the child, and financial orders if they are just and equitable.

Consent Orders vs Informal Agreements

Many couples start with verbal or written agreements. However, informal arrangements:

• • Are not legally enforceable
  • Can be changed unilaterally
  • Offer no protection against future claims
  • Can lead to costly disputes later

Consent orders provide clarity, enforceability, and long‑term security.

How to Apply for Consent Orders in Australia

Step 1: Reach an Agreement
Both parties must agree on the proposed property division and/or parenting arrangements.

Step 2: Prepare Documents
You will need:

• An Application for Consent Orders
• Draft Minutes of Consent Orders
• Full financial disclosure documents (for property matters)

Step 3: File Through the Commonwealth Courts Portal
The application is submitted to the Federal Circuit and Family Court of Australia.

Step 4: Court Review
The Court registrar reviews the agreement to ensure it is fair, appropriate and legally complaint.

Step 5: Orders Are Made
If approved, the consent orders become legally binding.

How Long Do Consent Orders Take?

Processing times can vary depending on the Court’s workload and the complexity of the agreement. On average Consent orders are approved within 2 to 6 weeks after filing.

Delays may occur if:

• • Documents are incomplete
  • Financial disclosure is insufficient
  • The Court requires further information

How Much Do Consent Orders Cost?

Costs can vary depending on the complexity of your situation and whether legal assistance is required.

Typical costs include:

• • Court filing fee
  • Legal fees if engaging a solicitor

While there is an upfront cost, consent orders can reduce the risk of expensive disputes later.

Do You Need a Lawyer for Consent Orders?

You are not legally required to use a lawyer. However, professional advice can help ensure:

• • Your agreement is legally sound
  • Risks or omissions are identified early
  • Documents are drafted clearly and accurately
  • The Court requirements are met

Legal guidance can save time, stress, and potential future disputes.

When Can Consent Orders Be Changed?

Consent orders are intended to be final, but they can be changed in limited circumstances, such as:

• • A significant change in circumstances
  • Evidence of fraud or non-disclosure
  • Situations affecting the welfare of a child

Parenting Consent Orders: What the Court Considers

When reviewing parenting orders, the Court focuses on the best interests of the child including:

• • The child’s safety and wellbeing
  • The benefit of a meaningful relationship with both parents
  • Each parent’s capacity to provide care
  • Stability and consistency in the Child’s life

This ensures parenting orders support the child’s long-term welfare.

Common Mistakes to Avoid with Consent Orders

Avoiding common errors can save time, cost, and stress.

Key mistakes include:

• • Incomplete financial disclosure
  • Vague or unclear terms
  • Failing to consider future circumstances
  • Relying on informal agreements

Careful preparation increases the likelihood of approval and long-term effectiveness.

Consent Orders vs Binding Financial Agreements: What Is the Difference?

When finalising financial arrangements after separation, many people compare consent orders with binding financial agreements.

Both options formalise an agreement, but they operate differently.

Consent orders are approved by the Court and must be considered just and equitable. They can cover both property settlement and parenting arrangements, and are enforceable through the Court if issues arise.

Binding financial agreements are private contracts that do not require court approval. They deal with financial matters only and must meet strict legal requirements, including independent legal advice for each party.

The key difference is court oversight. Consent orders provide an added layer of protection through independent review, while binding financial agreements rely on careful drafting and compliance.

For a more detailed comparison, including when each option may be appropriate, see our guide on consent orders vs binding financial agreements. 

Moving Forward with Confidence

Finalising arrangements after separation is an important step. Consent orders provide a structured, reliable way to protect your interests and create certainty for the future.

Seeking advice from a trusted Family Law firm in Sydney or Wagga Wagga can help you move forward with clarity and confidence.

Read Next: Consent Orders vs Binding Financial Agreements (BFAs): Which Option is right for you?