How to Apply for Consent Orders After Agreeing on Parenting or Property Matters

When should you use consent orders?

Consent orders are appropriate when you and the other party have already resolved the relevant issues and want your agreement made into legally binding court orders.

You can apply for parenting orders, financial or property orders, spouse or de facto partner maintenance orders, or parenting and financial orders together in the same application.

A consent order is different from a parenting plan. A parenting plan records an agreement about children but is not itself enforceable as a court order. Once consent orders are made, they have the same legal force as orders made after a hearing.

Does the Court automatically approve what you have agreed?

No. Agreement between the parties is necessary, but it does not require the Court to approve every proposed order.

For parenting orders, the Court must regard the best interests of the child as the paramount consideration. Current Family Law Act considerations include safety, the child's views where relevant, developmental, psychological, emotional and cultural needs, each proposed carer's capacity to meet those needs, and the benefit of relationships with parents and other significant people where it is safe.

For financial or property orders, the Court must be satisfied that making the proposed orders is just and equitable.

What documents do you need to file?

At minimum, the Court requires the Application for Consent Orders and the proposed orders.

For applications filed through the Commonwealth Courts Portal, current filing requirements include:

• the completed Application for Consent Orders;
• the proposed orders signed by all parties on every page and uploaded in PDF format;
• an identical unsigned editable Word document in .docx format;
• if parenting orders are sought, a Notice of child abuse, family violence or risk;
• if superannuation orders are sought, current proof of value and evidence of procedural fairness to the trustee;
• a copy of existing orders if you are asking to vary or discharge them; and
• proof of a registered de facto relationship where applicable to the financial application.

The unsigned Word version became a mandatory Portal filing requirement from 31 October 2025. It cannot be locked for editing and must not contain tracked changes, images or macro functions.

How should you draft the proposed orders?

The proposed orders are the actual directions you want the Court to make. They should state clearly who must do what, by when, and any conditions that apply.

Each proposed order should appear in a separate numbered paragraph. Every party must sign and date each page of the signed version.

Parenting orders may deal with matters such as:

• who a child lives with;
• when the child spends time or communicates with another parent or significant person;
• decision-making responsibility for major long-term issues; and
• other aspects of the child's care, welfare and development.

Financial and property orders can deal with matters including:

• real estate;
• bank accounts and money;
• business interests;
• liabilities;
• superannuation;
• spouse or de facto partner maintenance; and
• ownership of a family pet where appropriate.

Because the wording becomes legally enforceable once orders are made, the Court recommends obtaining legal advice about the meaning and consequences of the proposed orders.

What must you disclose for property or financial consent orders?

The Application for Consent Orders requires each party seeking financial or property orders to make full disclosure of their financial circumstances and confirm that the information supplied is true and correct.

Before filing, each party should satisfy themselves that the other's disclosure is accurate. Relevant evidence can include:

• income tax returns;
• payslips;
• bank statements;
• loan and mortgage information;
• property information;
• business records; and
• superannuation statements.

Accurate disclosure matters even when the settlement is agreed. Final financial consent orders can generally be changed later only in limited circumstances.

Is there a deadline for agreed property orders?

An Application for Consent Orders can be filed after separation, but financial and property claims have important statutory time limits.

• For a former married couple, file within 12 months after the divorce order takes effect.
• For a former de facto couple, file within 2 years after the de facto relationship ended.

If you are outside the relevant period, the Court says you need to address permission to apply out of time. For a consensual out-of-time Application for Consent Orders, the first proposed order should seek leave to apply out of time and the application must address the relevant out-of-time question. If the required consent or leave process cannot be satisfied, a different application may be necessary.

These deadlines concern financial, property and maintenance proceedings. Parenting orders can be sought at any time before or after separation or divorce where the Court has jurisdiction.

What if your property settlement divides superannuation?

Superannuation splitting orders have additional procedural requirements.

If the proposed order will impose an obligation on a superannuation trustee, the trustee must receive procedural fairness. The Court states that the trustee must be given written notice of the proposed terms and the opportunity to object.

For an Application for Consent Orders involving a superannuation split, provide:

• proof of the current value, such as the latest member statement;
• the proposed splitting or payment flag order where applicable; and
• proof that procedural fairness has been given to the trustee.

The Court's current guidance requires notice of a proposed binding superannuation order to be given to the trustee at least 28 days before filing, unless the applicable rules allow the matter to proceed sooner because the trustee has provided the necessary written consent.

If the trustee does not object within the required period, file the relevant correspondence showing no objection together with evidence of the current value. The proposed orders should also give the parties and trustee liberty to apply concerning implementation of the superannuation orders.

What extra document is required for parenting consent orders?

If your application includes parenting orders, you must file a Notice of child abuse, family violence or risk as required by the Court.

The Court assesses the proposed arrangements against the Family Law Act's current best-interests framework. In particular, safety from family violence, abuse, neglect and other harm is expressly relevant.

Child support is generally not dealt with through this Application for Consent Orders where child support is payable under the Child Support (Assessment) Act. If the issue is instead whether an existing administrative assessment should change because of exceptional circumstances, see the Helpydo procedure on changing a child support assessment in special circumstances.

How do you file the application online?

The Federal Circuit and Family Court of Australia says applications should be electronically filed through the Commonwealth Courts Portal.

1. Sign in or register for the Portal.
2. Select 'Start a new file'.
3. Complete the requested filing information.
4. Upload the Application for Consent Orders.
5. Upload the signed proposed orders as PDF.
6. Upload the identical unsigned proposed orders as an editable .docx file.
7. Upload the additional parenting, superannuation, de facto or existing-order documents that apply to your case.
8. Pay the filing fee or submit the required fee-exemption evidence.

If you cannot eFile, you can follow the Consent Orders Kit instructions for filing through a court registry.

How much does an Application for Consent Orders cost?

From 1 July 2026, the filing fee for an Application for Consent Orders is $215. GST does not apply to court fees.

The fee is payable at filing. When filing electronically, the Portal accepts Visa or Mastercard credit or debit card payment.

You may qualify for a general fee exemption, including in certain circumstances where you hold an eligible concession card, receive specified government assistance, have Legal Aid, are under 18, or meet another category in the Family Law (Fees) Regulations. A separate exemption may be available where paying the fee would cause financial hardship. Supporting evidence must be provided.

Do you need to attend a court hearing?

Usually not. After the application is accepted for filing, it is listed for consideration by a Registrar. You are not required to attend court unless the Registrar asks you to do so.

The Registrar can:

• grant the application;
• ask for additional information or amended documents; or
• dismiss the application.

The Court does not publish a guaranteed national processing period for every consent-order application. If the application is granted, the sealed orders are made available to download through the Commonwealth Courts Portal.

What changes once the Court makes the orders?

Once approved, consent orders are legally binding and enforceable. They have the same legal force as orders made following a contested hearing.

That makes careful drafting important. Final financial or property consent orders can only be set aside or changed in limited circumstances. Parenting orders can also have significant legal consequences and remain operative unless changed in accordance with family law.

Does this filing process apply everywhere in Australia?

This procedure describes filing through the Federal Circuit and Family Court of Australia in the federal family law system. Family law matters in Western Australia are dealt with by the Family Court of Western Australia, so parties filing there should use that Court's current forms, fees and procedures rather than assuming the Commonwealth Courts Portal process applies.

Common consent order mistakes to avoid

• Assuming the Court must approve the agreement. Parenting orders still have to satisfy the best-interests test and financial orders must be just and equitable.
• Uploading only a signed PDF. Since 31 October 2025, an identical unsigned editable .docx version of the proposed orders is also required for Portal filing.
• Failing to sign every page of the proposed orders. Each party should sign and date each page of the signed version.
• Using vague wording. Orders need to state clearly what each person must do and when.
• Leaving out the parenting risk notice. Parenting applications require the relevant Notice of child abuse, family violence or risk.
• Providing incomplete financial disclosure. Agreement between the parties does not remove the requirement for accurate financial disclosure.
• Ignoring the financial filing deadline. Married and de facto applicants have different time limits after divorce or relationship breakdown.
• Filing superannuation orders without trustee procedural fairness. The Court requires current valuation material and proof that the relevant trustee was given the required opportunity to respond.
• Trying to include ordinary child support orders. Child support payable under the Child Support (Assessment) Act is generally dealt with through the separate child support system.