- Reviewed by Rowena Ferrall, Principal Lawyer at Ferrall & Co Lawyers in Caloundra, Queensland.
- Last-reviewed date: January 2026
- Sources: “Cites Federal Circuit and Family Court of Australia, Queensland Government resources, and local Sunshine Coast legal services.”
Consent orders Australia are a popular way for separated couples to organise parenting and property matters. They can potentially be cost-effective and reduce the amount of time that clients spend dealing with family law matters. With a straightforward application process, they can be a good option for many parties.
Key takeaways
Consent orders are parenting or property agreements granted by the Family Court.
Property consent orders are assessed with a four-step process.
Parenting consent orders cover parenting responsibilities and living arrangements.
The main expenses related to filing consent orders are court fees and legal costs.
The value of consent orders and binding financial agreements depends on your circumstances.
There’s a step-by-step process to applying for consent orders.
What Are Consent Orders Australia?
Consent orders are a way for parties to form an agreement about parenting and property arrangements that are legally binding. They are assessed and granted by the Federal Circuit and Family Court of Australia. They are available to married couples and people in a de facto relationship.
Australia Consent Orders for Property Settlement
Property consent orders allow parties to divide their assets and liabilities after separation or divorce. These consent orders Australia may also contain provisions for financial support. The Court assesses applications using a four-step process:
Identifying and valuing the property pool. The parties involved have to perform a full financial disclosure. That means gathering documentation on assets and liabilities, such as:
Bank accounts.
Stock portfolios.
Real estate.
Superannuation interests.
Business interests.
Credit card debts.
Mortgages.
Outstanding loans.
Considering the contributions of each party. Parties can contribute to the marriage in financial and non-financial ways. For example, income earned from employment and assets brought into a relationship are considered. Child care and home maintenance are also important.
Determining the future needs of each party. Spouses can have very different financial circumstances, which affect their lives post-divorce. The Court will look at factors, such as:
Age and health.
Caring responsibilities.
Future earning capacity.
Access to financial resources.
Assessing whether the agreement is fair and equitable. The Court will make a final assessment of whether the proposed orders are fair.
Consent Orders for Parenting Arrangements
Child-related matters are particularly important. It’s best for the child’s welfare to minimise disputes where possible. Parenting consent orders Australia can be an effective way to organise co-parenting amicably.
Under the Family Law Act 1975, custody matters are organised under two primary areas:
Parenting responsibilities. These are the major long-term decisions parents must make to care for their child’s upbringing and development. This includes matters such as education, healthcare, and religious or cultural instruction.
Living arrangements. This covers the details of where children spend their time. There are various ways to organise these arrangements. For example, the parents may share physical custody at alternating periods or place primary custody with one parent and maintain a visitation schedule for the other parent.
The most important thing to remember is that in parenting matters, the overriding priority of the Court is the best interests of the child.
Consent Orders Cost
Consent orders are generally one of the most affordable options for making legally binding parenting and property matters. Here are some of the potential costs parties can expect to pay:
Court filing fees. An application for consent orders fee payable is $205 as of 1 July 2025.
Legal fees. These will vary between law firms. However, fixed-fee legal services typically range from $1200 to $3500, depending on what the case requires.
Court fees are paid online at the point of application. These expenses are usually much lower than the cost of litigation. Litigated court proceedings can stretch on for months or even years and incur additional daily hearing fees and higher legal costs. You may also be required to spend quite a bit of time attending court to get a final order.
Court fee exemptions
Applicants may be exempt from paying filing fees under certain circumstances. People holding certain government concession cards, such as a health care card, may be eligible. If you’re not covered by these criteria, you may still be able to access an exemption if you can prove financial hardship. You’ll need to prove financial hardship through a three-part test.
Free legal advice
There are community resources available that enable parties to get free legal advice. These resources include:
Legal Aid Queensland. Every state and territory has a Legal Aid Commission. They provide information on various legal matters. You may also be able to access legal representation for free or for a reduced fee. Eligibility is subject to a means test and a merits test.
Suncoast Community Legal Centre (SCLS). The SCLS provides crucial free resources such as legal information and referrals to partnered law firms.
DVConnect. If you or a family member is experiencing family violence, DVConnect maintains helplines for men and women looking for support and advice. You may also get referrals to specialist support services.
Family Relationships Online. If you need help with family relationship concerns, you can access counselling and dispute resolution services. They also have an advice line on 1800 050 321.
Consent Orders vs Binding Financial Agreements (BFA)
BFAs are a way to form a financial agreement that doesn’t involve the Court. Different parties have different needs when it comes to property arrangements. Whether a consent order or a BFA is more appropriate for you depends on your individual circumstances. Here are some factors to consider.
Flexibility
BFA. There’s potentially greater flexibility because the parties don’t need court approval. They only need to receive independent legal advice.
Consent order. You’ll be at the mercy of what the Court considers to be fair and equitable.
Cost
BFA. Financial agreements are typically a more expensive option. You must work with a lawyer who will set their own prices.
Consent order. You don’t need to consult a lawyer. However, professional assistance can help you avoid common mistakes. Fixed-fee services for consent orders are often more affordable than BFAs.
Enforceability
BFA. BFAs are often more susceptible to future legal challenges. The rules around how they’re drafted are strict, and the Court may find that an agreement doesn’t meet its standards.
Consent order. Since consent orders have to be approved by the Court, they tend to be easier to enforce. This can give parties more peace of mind.
Application for Consent Orders
Here’s an essential step-by-step guide to applying for consent orders.
Communicate with your former partner. Talk to your ex-partner about your expectations for the agreement. Consider what terms you both find acceptable. If you’re organising child custody, keep your child’s best interests front and centre in the discussion.
Dispute resolution. If you’re having difficulties finding agreement, a mediator can help parties navigate their discussions in a constructive way.
Complete the application form. Applicants must submit a Word Document version of the proposed orders along with the application. Make sure you read the instructions carefully before filling out the form.
File the application. Applications are filed online through the Commonwealth Courts Portal. Pay the application fee unless you have an exemption.
Even if you’re pursuing litigation, you can always choose to seek a consent order. You may be required to seek mediation or a conciliation conference as part of your case.
The entire application process typically takes 1 to 3 months to complete. This can be affected by how much mediation is required. Once you’ve submitted the application, the Court usually takes around 2 to 6 weeks to process it, depending on its workload.
From our clients
I felt really looked after by Rowena and her team at Ferrall & Co. Lawyers. I was so grateful to have someone representing me through my family matter who was very supportive and professional.
- Catherine Vagg
Rowena, Thankyou for your support during our difficult time. Not only are you and your staff very approachable and friendly, but you got the job done. Very highly recommended.
- Karen Kelly
Conclusion
Most people want to minimise their contact with the legal process. Consent orders Australia can give parties a way to organise parenting and property issues quickly and economically. Each type of consent order has its own set of considerations. But once you understand the application process, you can move on to a new life chapter.
Are you looking for a family lawyer for your consent order application?
If you’re looking to obtain legal advice, we’re here to help. Contact us to set up a free consultation.
