In short
Consent orders turn an agreement you and your ex have reached into legally binding court orders - for parenting, property, or both. There's no court appearance - a court registrar reviews it. The filing fee is $215 from 1 July 2026. Property orders have deadlines: 12 months after your divorce is final, or 2 years after de facto separation.
What are consent orders?
Consent orders are orders made by the court when you and your ex both agree. They can cover parenting arrangements, property and finances, or both in the same application. Once made, they're legally binding and can be enforced if someone doesn't follow them.
You don't go to court. You file the paperwork online and a court registrar reviews it. You'd only need to appear if the registrar asks you to, which is uncommon.
What's the difference between consent orders, a parenting plan and a binding financial agreement?
Consent orders are approved by the court and enforceable. A parenting plan isn't enforceable. A binding financial agreement is enforceable as a contract, and each person must get independent legal advice.
| Consent orders | Parenting plan | Binding financial agreement | |
|---|---|---|---|
| Covers | Parenting, property, or both | Parenting only | Property and finances only |
| Approved by the court? | Yes | No | No |
| Legally enforceable? | Yes | No | Yes, as a contract |
| Lawyer required? | Recommended, not required | No | Yes - each person must get independent legal advice |
For most separating couples who agree, consent orders are the safest way to make the agreement stick.
What does the court check before making consent orders?
The registrar can only make orders that meet the law - agreeing isn't quite enough:
- Parenting orders must be in the best interests of the children.
- Property orders must be just and equitable (fair in all the circumstances).
If the registrar isn't satisfied, they can ask for more information or changes, or dismiss the application - even if you both agree. That's why getting the drafting and financial disclosure right the first time matters.
What do you need to file for consent orders?
- Application for Consent Orders - both of you complete it. If property is involved, it includes each person's income, assets, debts and super.
- Proposed orders by consent - the exact wording of the orders. You both sign and date every page.
- Notice of child abuse, family violence or risk - required if you're asking for parenting orders.
- Super documents - if super is being split (see below).
Each of you signs a Statement of Truth. The application must be filed within 90 days of the first signature.
Splitting super? The super fund must be given written notice of the proposed orders at least 28 days before you file, so it has the chance to object. Without proof of that notice and a current super valuation, the court can't make the orders.
How does ezysplit handle consent orders?
Rachel prepares the paperwork and a lawyer checks it before it's filed.
- Tell Rachel what you've agreedRachel works out whether you need parenting orders, property orders or both, and what documents your situation needs.
- Legal advice from a family lawyerYour lawyer checks your agreement is likely to meet the court's test and advises you on it before anything is drafted.
- Rachel prepares the paperworkThe Application for Consent Orders and the proposed orders, worded the way the court requires. If super is being split, the notice to the fund is prepared too.
- Review and signYour lawyer reviews everything. You and your ex sign.
- Filed onlineThrough the Commonwealth Courts Portal. A registrar reviews it, usually within several weeks.
- Orders madeSealed orders are available to download. If super is split, they're served on the fund.
What are the deadlines for consent orders?
- Property orders after divorce: within 12 months of your divorce becoming final.
- Property orders after a de facto relationship: within 2 years of separating.
- Parenting orders: no deadline while the children are under 18.
Outside the property deadlines, you need the court's permission to go ahead.
Can consent orders be changed later?
Property orders are very hard to change. Generally it takes something like fraud, hidden assets, or circumstances that make the orders impossible to carry out - unless you both agree and the court approves.
Parenting orders can be changed if you both agree, with new consent orders or a later parenting plan. If you don't agree, the court will only reconsider them if there's been a significant change in circumstances and it's in the children's best interests.
Frequently asked questions
Do we have to go to court to get consent orders?
No. You file online and a court registrar reviews the paperwork. You only appear if the registrar asks you to, which is uncommon.
Are consent orders legally binding?
Yes. They're court orders, legally binding in the same way as orders made after a hearing. If someone doesn't follow them, the other person can ask the court to enforce them.
What does it cost to file?
The court filing fee is $215 from 1 July 2026. You may be exempt if you hold certain concession cards or paying would cause financial hardship.
How long does it take?
The court's most recent published guidance was that applications are usually considered around 3 to 4 weeks after filing. It takes longer if the registrar asks for more information.
Is there a deadline?
For property and financial orders, yes: within 12 months of your divorce becoming final, or 2 years after a de facto relationship ends. After that you need the court's permission. There's no equivalent deadline for parenting orders.
Can the court refuse our agreement?
Yes. The registrar must be satisfied that property orders are just and equitable and that parenting orders are in the children's best interests. If not, they can ask for changes or more information, or dismiss the application.
Can consent orders cover child support?
No. Child support is handled by Services Australia, or through a child support agreement. See our child support page.
What if one of us has super to split?
The super fund must get at least 28 days' written notice of the proposed orders before you file. You then file proof the fund doesn't object, along with a current statement of the super's value.
Sources checked 19 October 2026: FCFCOA - How do I apply for consent orders? · FCFCOA - Consent orders kit · FCFCOA - Children: we have agreed · FCFCOA - Financial agreements · FCFCOA - Changing parenting arrangements · FCFCOA - Fees