If you and your ex have agreed on property or parenting, consent orders turn that agreement into something a court will enforce — without a hearing.
Reaching an agreement with a former partner is a real achievement. But a handshake, a text message or even a signed letter is not the end of the story. Until your agreement is formalised, either of you can change your mind, and neither of you is protected if the other does. Consent orders are how you make that agreement final.
A consent order is an order made by the Federal Circuit and Family Court that reflects an agreement you and your former partner have already reached. You do not go to a hearing. You file the agreed terms with the court, a Registrar checks that the orders are fair and workable, and once approved the orders are legally binding — exactly as if a judge had decided the matter.
Consent orders can deal with property and finances (who keeps the house, how superannuation is split, how debts are handled) and with parenting (where the children live, how time is shared, how decisions are made). You can do one or both. Parenting and property are assessed against different legal tests, so the application explains each.
Without orders, an informal property agreement gives you no certainty: your ex can come back years later and make a claim. Property consent orders also allow assets like the family home to transfer between you without triggering stamp duty in many cases, and let a superannuation split actually be implemented by the fund. For parenting, orders give both parents and the children a clear, enforceable framework.
We prepare two documents: an Application for Consent Orders (which sets out your financial circumstances) and the proposed orders themselves. Both of you sign. We file them with the court, usually online, and there is a filing fee. If the Registrar is satisfied the orders are just and equitable (for property) or in the children's best interests (for parenting), they are made — often without anyone needing to attend.
The value of a consent order is in its precision. Vague wording (“the parties will share time reasonably”) causes the exact disputes orders are meant to prevent. Dates, amounts, handover arrangements and what happens if something changes all need to be spelled out. This is the part worth getting a solicitor to draft, even when you have agreed on everything in principle.
General information only, not legal advice. For advice on your circumstances, contact HT Law Services on (02) 9280 1548.