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Turning your agreement into a legal order

If you and your former partner have agreed on how to divide your property or care for your children, an application for consent orders is how you make that agreement legally binding. This guide walks through what a consent order is, how the application works, and the mistakes to avoid, so you know exactly what to expect before you begin.

What is an application for consent orders?

An application for consent orders is the process of asking the court to approve the arrangements you and your former partner have already agreed. You lodge two key documents with the Federal Circuit and Family Court of Australia: an Application for Consent Orders, which gives the court background about your circumstances, and a proposed set of orders, sometimes called a minute, setting out exactly what you want the court to approve. The court reviews these to make sure your arrangements are just and equitable for financial matters and in the best interests of any children.

The steps involved

First, reach a clear agreement covering the matters you want formalised, whether parenting, property, or both. Next, prepare the application and the proposed orders, setting out your financial position and the agreed terms in precise language. Then lodge the documents with the court, usually online, along with the filing fee. Finally, the court considers your application, generally without you needing to attend, and if it is satisfied, it makes the orders. Once sealed, they are legally binding and enforceable.

The trouble with a DIY application for consent orders kit

A DIY application for consent orders kit can look like a cheap shortcut, but it often causes problems. The orders must be worded precisely to be effective and to satisfy the court, and small errors can lead to rejection, delay, or orders that do not do what you intended. Because a rejected application can mean starting again, many people find that professional drafting saves time, money and stress in the long run.

Getting help with your consent orders

You do not have to navigate the process alone. The Legal Drafter prepares your application for consent orders and the proposed orders for you, with clear pricing and an online process you can complete from home. If you are ready to formalise your family court consent orders, request a quote and we will help you get it right the first time.

Frequently asked questions

People often ask whether they need to go to court to get consent orders. In most cases you do not, because the application is usually decided on the documents you file. Another frequent question is how long the orders take to be approved, which depends on the court’s workload once your application is lodged. Many also ask whether they still need consent orders if they already have a written agreement between themselves. The answer is usually yes, because a private agreement is not automatically enforceable in the way a court order is. Finally, people want to know what happens if their circumstances change later. Property orders are designed to be final, while parenting orders can be varied if it is in the children’s best interests. If you have a question that is not covered here, our team is happy to help you understand where you stand.