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.
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 |
