Why an Application for Consent Orders Could Save You Time and Stress

If you’re going through a separation, you’ve probably heard the term “consent orders” come up. But what exactly are they, and why do they matter?

For many separating couples in Australia, an Application for Consent Orders is one of the most practical tools available. It’s an official way to formalise what you’ve already agreed on, without the cost and stress of a court battle.

Here’s what you need to know.

Key Takeaways:

• Consent orders turn a private agreement into a legally binding court order.
• They can cover property settlement, financial matters, and parenting arrangements.
• Both married and de facto couples can apply.
• The court doesn’t need to hold a hearing as it reviews the application on paper.
• Strict time limits apply, so it’s important to act within the relevant window.
• Getting legal advice before you apply can be helpful.

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What is an Application for Consent Orders?

An Application for Consent Orders is a specific form used in the Federal Circuit and Family Court of Australia to formally request that the court approve an agreement reached by separating parties (married or de facto) and make it a legally binding court order.

In simple terms, you and your ex-partner have reached an agreement. The Application for Consent Orders is how you get the court to put its stamp on it.

These orders carry the same weight as if issued by a judge, ensuring the agreements are legally enforceable. That’s what makes them so valuable. A verbal agreement or even a written one between two people has no legal force on its own. A consent order does.

What Can Consent Orders Cover?

Consent orders can deal with a wide range of family law matters, including:

• Property and financial settlement: how assets, debts, and superannuation are divided
• Spousal maintenance: ongoing financial support arrangements
• Parenting arrangements: where children live, time spent with each parent, decision-making responsibilities, and communication

The application for consent orders can deal with both financial and parenting matters, either simultaneously or as separate applications at different times.

If you’re working through property settlement, de facto property settlement, or parenting arrangements with your former partner, consent orders are often the most efficient way to finalise things properly.

How Does the Process Work?

The process is more straightforward than many people expect, especially when both parties are on the same page.

Step 1: Reach an Agreement 

Both parties must genuinely agree to the terms. This might happen through direct negotiation, with the help of divorce lawyers, or through mediation.

Step 2: Draft the Orders 

The agreed terms need to be written up precisely as proposed court orders. This is where working with property settlement lawyers or custody lawyers is particularly valuable. The wording matters, and errors can cause delays or create problems down the track.

Step 3: Complete the Application 

The Application form provides the court with the necessary background information, particularly the parties’ financial details, so the Registrar can assess whether the proposed orders are “just and equitable” for property and financial matters, or “in the best interests of the child” for parenting matters.

Step 4: File with the Court 

An Application for Consent Orders should be filed electronically on the Commonwealth Courts Portal, or, if you are unable to eFile, at a court registry.

Step 5: The Court Reviews and Approves 

In most cases, there’s no hearing required. A Registrar reviews the application on the papers and, if satisfied, approves the orders. Both parties receive a sealed copy.

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What Does the Court Look For?

The court doesn’t simply rubber-stamp whatever two people agree to.

The court must be satisfied that, for parenting orders, the arrangements are in the best interests of the child or children, and, for property orders, the arrangements are just and equitable.

This is why having your agreement properly drafted and getting independent legal advice matters. If the court isn’t satisfied with the proposed terms, it can request changes or decline to make the orders.

Are There Time Limits?

Yes, and this is important. Under the Family Law Act 1975 :

• Married couples must apply within 12 months of the divorce becoming final
• De facto couples must apply within two years of separation

If you are filing beyond this time frame, you must consent to the court making the proposed property and maintenance orders, or you will need to seek leave of the court to file the application.

If you’re unsure where you stand on timing, speaking with de facto lawyers or divorce solicitors early can save a lot of complications later.

Do You Need a Lawyer to Apply?

No one is legally required to have a lawyer, but many choose to.

Entering into a consent order is a serious step, and proper legal advice from a family law solicitor can help. Once property orders are made, they’re very difficult to set aside. Getting the terms right the first time matters.

Property lawyers can also make sure your agreement is worded in a way the court will accept, which avoids delays and gives you a smoother path to finalising things.

Why Consent Orders Can Be Worth It

It might feel like an extra step when you’ve already agreed on everything. But formalising your agreement through consent orders protects both parties and gives the arrangement legal force.

Without them, either party could walk away from what was agreed, and you’d have little recourse. With them, you both have certainty and a clear legal record of what was decided.

If you’re ready to move forward and want to understand how consent orders apply to your situation, our supportive team of family lawyers in Cairns can walk you through the process and help you get things finalised the right way.

Disclaimer: This blog is intended for informational purposes only and does not constitute legal advice. For guidance tailored to your specific circumstances, please consult a qualified legal representative.