Consent Order Family Law

If you and your former partner come to an agreement regarding parenting arrangements or property division, you may apply to the Court to have your agreement formalised by way of a Consent Order.

What Are Consent Orders?

Consent orders are a Court Orders made by agreement between two parties. Consent orders are legally enforceable and provide the parties with security and accountability. The breach of a Consent Order can attract serious penalties. Generally there are two types of Consent Orders:

  • Parenting Consent Orders
    Parenting Consent Orders stipulate the arrangement of a child’s care. The parenting consent orders usually contain aspects of the child’s care such as where the child lives, the time the child will spend with each parent, and communication with the child.
  • Property Consent Orders
    Property Consent Orders stipulate how the assets such as property, money, cars, superannuation and any debts of the parties are to be divided following separation.

The Property Consent Orders commonly include provisions regarding spousal maintenance, superannuation divisions, lump sum payments, and the transfer of real estate properties. Property or parenting consent orders can be applied for at the same time or separately. Prior to making your application, it is important to obtain legal advice to ensure that your application complies with current legislation and is likely to be approved by the Court. Please contact our experienced team of Family Lawyers to discuss how we can help you make a successful application for consent orders.

Filing Consent Orders For Property Or Financial Orders

There are generally three steps in a successful Consent Order application:


You must demonstrate to the Court that the parties have negotiated and come to an agreement. Negotiations can be done privately between the parties, mediation or through legal representatives. If you have found that privately negotiating with your former partner is unsuccessful, please contact us so we can advise you as to your rights and assist you in liaising with your former partner to achieve a mutually agreed outcome.


This process involves the preparation of the necessary papers to be filed with the Court. When pursuing either property or parenting orders, you will need to prepare the following documents:

  • An Application For Consent Orders
    Depending on your application, this can include disclosure of properties, and financial incomes of each party and attaching the Orders sought.
  • The Consent Orders
    This document contains the agreement made between the parties and outlines their obligations under the agreement and any applicable time limits within which they must fulfill their obligations. These will become legally enforceable upon approval of your application. It is best to obtain legal advice from our team of family lawyers so that the orders are drafted to ensure that the orders are practically achievable and to guard against further legal proceedings. Consent Orders need to be properly drafted to make sure that they can comply with the law and can be enforced if needed to. It is common for the Courts to reject applications for Consent Orders drafted by parties themselves as they do not include all of the necessary provisions to effect the agreement or are unclear.
  • Notice To Third Parties
    Any third parties involved with the property division must be informed before filing, and their notification of compliance has to be submitted in the Court at the time of filing. For example, the trustee of a Superannuation Fund must be informed if you are seeking a superannuation split, and they must provide a letter of compliance to the Court stating they will abide by the decisions taken by the Court about the same fund.

Benefits of Consent Orders

There are several benefits of filing and drafting a consent order family law in a family court of Australia such as:

  • The orders are final and legally binding once they are made. However, if necessary, the orders can be varied by mutual agreement and new orders made.
  • After the Court approves the consent orders, they become enforceable by different means, including exercising signatory authority on behalf of a non-compliant party. A partner can seek enforcement orders to assist with the compliance of an existing order if more concrete action is required.
  • Any transfer of property, including marital homes, means that the parties only pay nominal stamp duty as long as the transfer is to a party or the child of the relationship.

Get Legal Assistance from Our Family Lawyers in Perth

Our experienced team of Family Lawyers will advise you as to your rights and obligations. We will assist you in negotiating an agreement with your former partner, drafting all necessary documents for a successful application, and help you enforce your Consent Orders in the event of non-compliance. If there has been changes to your circumstances and you would like an existing Consent Order to be changed, we can help you reach an agreement that is appropriate in your new circumstances and help prevent breaches of Consent Orders which can attract serious penalties.

Please do not hesitate to contact us to discuss how we may best assist you.

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