Victorian Family lawyers
Consent Orders: Securing Your Future
Drafting legally binding, final agreements for property settlement and children’s welfare. Protect your assets, establish stable co-parenting structures, and gain ultimate peace of mind without the courtroom conflict.
Protect Your Financial Future With Legally Binding Consent Orders
LEGALLY BINDING AGREEMENTS
Once you’ve reached an agreement about your property settlement, it’s important to ensure that agreement is formally documented. Consent Orders are legally binding Court Orders that can provide certainty about the division of assets, liabilities and superannuation after separation.
Our experienced family lawyers help clients throughout Victoria prepare and lodge Consent Orders efficiently and cost-effectively. From straightforward agreements to more complex financial arrangements, we can guide you through the process and help ensure your settlement is ready for Court approval.
Legally Binding Agreements
Crafted cleanly by experienced family law specialists. We ensure full compliance with the Family Law Act so you can move forward with absolute confidence.
Consent Orders approved on first filing
80
%
Ready to Finalise Your Agreement?
Ensure your contracts are watertight and legally sound. Reach out to our specialist legal team today for an expert review, or explore our transparent flat-fee pricing options.
Property & Children Matters
Property & Children Orders
Streamline your path forward by combining both property division and parenting arrangements into a single, cohesive Consent Order. Our professional legal team guides you through aligning asset distribution and child welfare planning, saving you from prolonged court processes and unnecessary emotional strain.
FAMILY LAW RESOURCE CENTRE
Frequently Asked Questions About Consent Orders
Clear, direct answers to help you navigate court-approved agreements for parenting and property division in Australia.
1. What is a Consent Order?
A Consent Order is a written agreement that is approved by the Court. Once signed by a court registrar, it has the same legal force as an order made by a judge after a full court hearing, providing both parties with legally binding, long-term certainty.
2. Do we have to go to court to get Consent Orders?
No. The process is strictly administrative. The Application and draft Minutes of Consent are submitted electronically. A registrar will review them in chambers, and if they meet all legal criteria, they will be sealed and returned without either party needing to attend a court hearing.
3. How long does the approval process take?
Typically, once filed, Consent Orders are processed by the Federal Circuit and Family Court of Australia (FCFCOA) in approximately 4 to 8 weeks. This timeline can fluctuate depending on the registry’s current workload and seasonal spikes.
4. Is a Consent Order final and permanent?
Property orders are final and extremely difficult to change, providing complete financial separation. Parenting orders are also legally binding, but they can be modified by drafting new Consent Orders or, if disputed, applying to the court and satisfying the ‘Rice & Asplund’ rule, which requires proving a significant and unforeseen change in circumstances.
5. How does a Consent Order differ from a Binding Financial Agreement (BFA)?
Consent Orders are thoroughly reviewed by a court registrar to ensure they are ‘just and equitable’. A Binding Financial Agreement (BFA) does not undergo any court scrutiny, but is instead governed by strict statutory rules, including a mandatory requirement that both parties receive independent, certificate-backed legal advice.
6. Do both parties need independent legal advice?
Unlike BFAs, the court does not legally mandate that you obtain a certificate of independent legal advice to lodge Consent Orders. However, obtaining expert legal advice is strongly recommended. It ensures you fully understand your entitlements and that your draft orders are legally sound and likely to be approved on the first attempt.
7. What happens if someone breaches a Consent Order?
If a party breaches a Consent Order without a reasonable excuse, you can file a Contravention Application with the court. Depending on the severity, the court has the power to order makeup time (for parenting), fine the breaching party, issue a costs order requiring them to pay your legal fees, or impose more severe penalties.
8. Can we change a Consent Order later if we both agree?
Yes. If both parties agree to modify existing orders, you can draft and lodge a new Application for Consent Orders to formally replace the previous ones. For minor day-to-day changes in parenting, parties sometimes use a written Parenting Plan, though a plan is not as easily enforceable as formal court orders.
9. Are there tax advantages to property Consent Orders?
Yes, property divisions executed under formal Consent Orders qualify for significant tax concessions. This includes exemptions from state transfer stamp duty when transferring real estate or motor vehicles between spouses, as well as capital gains tax (CGT) rollover relief on transferred assets.
10. Can we apply for Consent Orders if we were never married?
Yes. De facto couples (including same-sex couples) enjoy the same rights as married couples under the Family Law Act. You can file an application for Consent Orders to divide assets, manage superannuation splits, or establish formal parenting arrangements.
11. Is there a time limit for filing Consent Orders?
For married couples, you must file property Consent Orders within 12 months of your divorce order taking effect. For de facto couples, the strict time limit is 2 years from the date of your separation. There is no time limit for filing parenting orders.
12. What does 'just and equitable' mean to the court?
The court will only approve property orders if the division is ‘just and equitable’. This means the split must be objectively fair based on the couple’s assets, debts, direct and indirect financial contributions, non-financial contributions (like caregiving), and their future needs (such as health issues or custody responsibilities).
13. Can we draft Consent Orders for parenting arrangements only?
Yes, absolutely. You can apply for parenting orders only, property and financial orders only, or both combined in a single application. The court processes them through the same framework, allowing you to settle only what is relevant to your current situation.
14. What documents must be submitted with the application?
You must submit two primary documents to the court registry: the Application for Consent Orders (Form 11), which contains extensive background information on both parties’ finances and lifestyles, and the draft Minutes of Consent, which is the precise legal document detailing the exact orders you are asking the court to make.
15. Are there filing fees associated with Consent Orders?
Yes, the FCFCOA charges a mandatory filing fee when you lodge an Application for Consent Orders. This fee is standard across Australia, though exemptions or substantial fee reductions are available if either party holds a government concession card or can demonstrate severe financial hardship.
For the latest standard filing fees, please check the official FCFCOA Fees Page as they are subject to increase.
Ready to Get Started?
Get reliable legal guidance to ensure your contract is robust, compliant, and tailored to protect your interests. Our legal practitioners are standing by to assist.