Application for Consent Orders: How to Apply for a Consent Order in Australia (Step-by-Step Guide)
Sorting out your property, finances and parenting arrangements after a separation is stressful enough. You and your former partner have finally agreed on the terms. Now you want it written up legally so you can both move on. This guide explains exactly how to finalise your agreement through the family law system.
What Is an Application for Consent Orders?
An Application for Consent Orders is a formal document submitted to the Federal Circuit and Family Court of Australia asking the court to make your private agreement legally binding. Once approved, the orders have the same legal force as orders made by a judge after contested proceedings.
Consent orders can cover property settlements, superannuation splits, spousal maintenance and parenting arrangements. Formalising the agreement promptly protects both parties if one later changes their mind.
The Application for Consent Orders Kit Explained (FCFCOA Do-It-Yourself Kit)
The court provides a DIY kit for people who want to handle the paperwork themselves. It includes a lengthy application form but doesn’t include the draft order template.
You need to complete detailed financial information, relationship history and proposed parenting schedules. The kit is comprehensive, but it is also notoriously confusing for people without a legal background, and one small drafting mistake can cause major delays.
How to Apply for Consent Orders in the Family Court: Step by Step
The process requires strict attention to detail. Follow these steps to get your orders approved:
- Reach a complete agreement with your former partner on all financial and parenting matters.
- Draft the proposed consent orders using the exact legal formatting the court requires.
- Complete the Application for Consent Orders form.
- Both parties sign the documents and in WA they sign in front of an authorised witness such as a Justice of the Peace.
- Create an account on the Commonwealth Courts Portal.
- Upload all signed documents and pay the court filing fee.
- Wait for a judicial officer to review your application in chambers.
Documents You Need Before You Apply
Preparation is everything. Gathering the right paperwork early avoids delays later. You will need:
- For superannuation splits, a letter from the super fund trustee confirming no objection to the proposed split.
- The completed Application form and the drafted consent orders themselves.
- In WA you require a copy of your marriage certificate or evidence of your de facto relationship and recent title searches searches for any real estate involved in a property settlement.
Filing Your Application on the Commonwealth Courts Portal
There is no need to line up at a family court registry: filing now happens online. You register for the Commonwealth Courts Portal, select the option to file a new application, upload your signed documents as PDF files and pay the filing fee by card. The portal is also where you track the progress of your application.
Common Reasons Applications for Consent Orders Get Rejected or Requisitioned
The court does not simply rubber-stamp agreements. A Registrar reviews every application to ensure it is just and equitable. Common problems include:
- Vague or ambiguous drafting, which leads to the application being requisitioned (sent back for correction).
- Parenting orders that are not practical to enforce.
- Mathematical errors in the property pool calculations.
- Superannuation funds not being properly notified before filing, which stops the application entirely.
DIY Kit vs Lawyer-Drafted Application: Which Is Safer?
| Factor | DIY Kit | Lawyer-Drafted Application |
| Upfront cost | Court filing fee only | Fixed drafting fee plus filing fee |
| Risk of requisition | Higher, due to drafting errors | Low, drafted to court requirements |
| Time to approval | Often delayed by corrections | Typically faster, right the first time |
| Support | None | Guidance through to approval |
The DIY kit saves money upfront, but if you make a mistake the court sends it back, dragging out an already emotional process. A lawyer-drafted application removes the guesswork. The Legal Drafter focuses on consent orders, offering fixed fees, a 24-hour drafting turnaround and guidance through the process until your orders are approved.
How Long Does the Court Take to Approve Consent Orders?
Timeframes vary with registry workload. Generally, you can expect an outcome within four to six weeks of filing, though complex matters can take up to twelve. Nobody has to attend court: a Registrar reviews the paperwork in chambers and, if everything is drafted correctly, seals the orders and uploads them to your portal account.
Ready to Finalise Your Agreement?
Formalising your agreement now gives both parties certainty and stops either side reopening the negotiation later. Whether your orders cover property, superannuation or parenting arrangements, we handle the drafting so you can move forward. Contact The Legal Drafter for fast, fixed fee consent orders anywhere in Australia.
Frequently Asked Questions
Can I apply for consent orders without a lawyer?
Yes, you can apply for consent orders without a lawyer using the court’s DIY kit. However, drafting errors are the most common reason applications are requisitioned or rejected. Many couples use a fixed fee drafting service to have the documents prepared correctly the first time.
Do both parties have to agree to consent orders?
Yes, both parties must fully agree before consent orders can be filed.In WA, both must sign the Application and the proposed orders. If either party disagrees or later withdraws consent before approval, the application cannot proceed as a consent order.
What happens after consent orders are approved?
After approval, the sealed consent orders are uploaded to your Commonwealth Courts Portal account and become legally binding on both parties. You can then act on the orders, such as transferring property, splitting superannuation or implementing parenting arrangements. A breach can be enforced through the court.
This article contains general information only and does not constitute legal advice.