Consent Orders
Consent orders are legally binding agreements that are essential in Australian family law. They can help you & your partner finalise arrangements for property division, child care & spousal maintenance.
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In Australia, consent orders give you a clear, court-approved way to formalise what you and the other party have agreed to after separation.
Instead of relying on informal arrangements which can cause confusion, you can set-out your agreed terms in writing & ask the court to approve them.
Once the court seals the orders, they are legally enforceable just like orders made after a contested hearing.
Move forward with clarity and confidence.
Consent Orders Services
Consent orders give you a practical way to make your family law arrangements legally binding. If you & the other party have reached an agreement, consent orders can help you formalise matters with greater certainty and protection.
- At Melbourne Family Lawyers, we help you prepare parenting consent orders that support your child’s care, living arrangements & overall best interests.
- If you need help with financial and property consent orders, we can help make sure your rights are protected under Australian family law.
How to Apply for Consent Orders
Initial Consultation
First, you both need to reach an agreement about parenting, property & finances then have a lawyer set it out in clear & practical terms.
Draft the Agreement
Once you & the other party agree on the result on parenting, property, or maintenance, have a draft the agreement.
Review and Sign
Go through the draft carefully, make sure it reflects the agreement properly, and sign it when both parties are happy with it.
Prepare and File
After filling out the required court forms, attach the signed agreement & file the documents online or through a family law registry.
Await Court Review
The Court will consider the application & decide whether the proposed consent orders are in order.
Receive Approved Orders
If the application is approved, you will receive sealed consent orders. This means the agreements are legally binding and enforceable.
What is a Consent Order?
A consent order is an agreement you and the other party have worked out, which the Court then approves and seals. Once processed, it carries legal weight & can be enforced.
People commonly use consent orders in family law to lock in arrangements for property & finances (including debts and superannuation), spousal maintenance, and parenting.
It puts everything in writing so each person knows what needs to be done & when.
Parenting Consent Order
A Parenting Consent Order is a legally binding document that records the parenting arrangements you’ve agreed on after separation.
If you both agree on the terms, you can apply to have the Court approve them. They provide a clear framework to help keep the focus on what’s in the children’s best interests.
Financial Consent Order
A Financial Consent Order puts your property and financial agreement into a Court-approved document after separation. It sets out, in plain terms, who keeps what, and who takes responsibility for any debts, so there’s less room for confusion later.
It can cover:
- Home
- Savings
- Investments
- Superannuation
- Vehicles and liabilities.
Once you’ve both agreed on the outcome, the paperwork is lodged with the Court. If the Court approves and seals it, the orders become legally binding and can be enforced.
Is a Lawyer Necessary to File for a Consent Order?
The Court doesn’t require you to have a lawyer if you & the other person have already agreed.
Still, a lawyer can make sure the wording says what you actually mean & that the application is put together in a way the Court finds acceptable.
- Avoid Complications Cut-down delays, fix issues before they become problems & help the process run more smoothly.
- Personalised Service Guidance that fits your situation & is specific to your circumstances.
- Years of Experience Our team has decades of experience in preparing consent orders that are in full compliance with Australian law.
Meet Some Of Our Family Lawyers
Hayder Shkara
Director & Practice Manager
Katherine Siotos
Solicitor
Stephanie Hope
Senior Associate
Giuseppe Rubino
Senior Associate
What Makes a Consent Order Different from a Parenting Plan?
When both of you agree on the details of the arrangements, you can file them as a parenting plan or consent orders.
They have overlapping topics, but the main difference is that consent orders are legally binding & parenting plans are not.
Enforceability
Consent orders are court orders. If they’re breached, you can take steps to enforce them. A parenting plan isn’t enforceable, so it only works if both of you keep cooperating.
Court Involvement
A parenting plan stays private and doesn’t go through the Court. Consent orders are filed and the Court checks they support your child’s best interests before approving them.
Flexibility
Parenting plans are easier to change as routines shift. Consent orders can still be changed, but you’ll usually need a new agreement and updated orders.
Long-term Security
Long-term Security
Benefits of a Consent Order in Melbourne
- Legally Binding Approved consent orders have the same weight as orders issued by a judge.
- Cost-Effective Consent orders help you avoid court orders & expensive long disputes.
- Time-Saving Consent order approvals are usually processed faster, so you can save time.
- Flexibility Consent orders give you wiggle room to modify the terms specific to your family & finances.
- Privacy The process usually occurs on paper and not in public court.
When to Consider a Consent Order
- Property Settlements To help guarantee the division of assets, debts & superannuation.
- Spousal Maintenance To specify the frequency, duration & payment terms.
- Parenting Arrangements To make sure you have enough time with your children, set up changeovers & responsibilities.
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Frequently Asked Questions
How long do consent orders take?
The duration can vary and depends on different factors, like how complex your case is and the court’s workload. It can take several weeks or a few months. Our family law experts, Melbourne Family Lawyers, have enough experience and diligence to expedite the process.
How much does a consent order cost in Australia?
The cost of getting a consent order in Australia can vary depending on your circumstances and whether you get legal help.
If you work with a lawyer, your legal costs may range from a few hundred dollars to several thousand, depending on how straightforward or complex the matter is.
You will also need to pay a court filing fee when lodging an Application for Consent Orders. Because court fees can change, it is a good idea to check the current amount on the official court website or ask your lawyer before you apply.
Can a Consent Order be changed after it's approved?
Yes, a consent order can be changed after it has been approved, but the process can be difficult. Both parties need to agree to the changes, or there must be a significant change in circumstances that supports the need for an amendment.
It is wise to get advice from an experienced family lawyer before moving ahead.
What is the timeframe for filing a consent order after separation?
An application should be filed within 12 months of a divorce, but for a de facto relationship, within 2 years. This applies to both property & financial matters. Applications beyond these timeframes will require court permission.
Is court attendance necessary?
Typically, no. Consent orders are usually processed without the need for parties to appear in court.
What happens if one party breaches the consent order?
The aggrieved party can apply to the court for enforcement, which may result in penalties for the non-compliant party.
Can we draft the consent order ourselves?
You can prepare a consent order yourself, but getting legal advice can help make sure the terms are clear, complete, and legally effective.
If you are trying to sort out post-separation issues in Melbourne, a consent order can be a practical way to put your agreement on a proper legal footing. Once approved by the court, the arrangement becomes legally binding, which can give you more certainty & peace of mind.