Fixed Fee Consent Orders: Family Court Consent Order Drafting, Australia-Wide

Fixed fee consent orders take the risk out of formalising family law agreements. As the fee is set in advance, costs cannot escalate as the matter progresses. With electronic filing and no court attendance required, the process is simple, affordable and available anywhere in Australia. The Legal Drafter provides family law document drafting for separating couples who have reached agreement and want it made legally binding.

What Are Consent Orders in Family Law?

Consent orders are legally binding orders approved by the Federal Circuit and Family Court of Australia (FCFCOA) that formalise agreements between separating or divorcing partners. They set out how property and finances are divided and define parenting arrangements for children.

The agreement is usually reached through negotiation, mediation or with legal assistance, then drafted into a consent order application and submitted to the court. If the court considers the agreement appropriate, the orders are approved and become enforceable on both parties.

Our Fixed Price Consent Order Packages (No Hourly Billing)

A fixed price consent order means the fee is agreed before work begins, so there is no uncertainty about the final cost. Our streamlined service with electronic filing allows us to charge a single agreed fee where both parties are in agreement.

The fixed price covers drafting the consent order and completing the required documents. Court filing fees are additional, and the fixed fee does not cover court attendance or dispute resolution. 

Drafting Consent Orders: How Our Online Process Works

Our process for drafting consent orders is designed to be simple, cost-effective and stress-free. It involves three steps:

1. You complete a questionnaire setting out the agreed terms of your financial settlement and parenting arrangements.
2. We review the information and draft the consent order and accompanying documents in precise legal terms.
3. The order and documents are submitted to the court for judicial review.

Consent Orders for Property Settlement and Parenting

When both parties agree, a consent order removes the need for court hearings. An order can cover:

• Financial settlements: superannuation, real estate, investments and business assets, as well as liabilities and spousal maintenance. Learn more about property settlement consent orders.
• Parenting arrangements: where children live, schooling and time spent with each parent. See our parenting arrangements service for details.

This resolves matters out of court, saves time and money, and still produces legally enforceable orders.

Filing Your Consent Orders With the Federal Circuit and Family Court

Once the orders and supporting documents covering financial and parenting matters are drafted, they are filed electronically through the Commonwealth Courts Portal. The consent order is submitted as a signed PDF together with an unsigned Word version, along with the application and the filing fee.

A Registrar of the Federal Circuit and Family Court of Australia reviews the documents and, if satisfied, makes the orders without either party needing to attend court.

Why Use a Consent Order Lawyer Instead of DIY Kits

DIY kits are available but often lead to delays. Using a consent order lawyer helps ensure:

• The wording is precise rather than ambiguous or vague.
• Full financial disclosure is made and nothing is missed.
• The agreement meets the just and equitable threshold under the Family Law Act 1975 for financial matters and the best interests of the children test for parenting matters.
• Future issues are anticipated and addressed in the orders.
• Unnecessary stamp duty is avoided where exemptions apply.

Consent Orders vs Binding Financial Agreements

Consent orders and binding financial agreements (BFAs) both create legally binding property settlements, but they work differently.

Feature	Consent Orders	Binding Financial Agreement
Court involvement	Filed with and approved by the FCFCOA	Private contract, no court approval
Scope	Financial and parenting matters	Financial matters only
Fairness review	Court checks the agreement is just and equitable	No fairness review by a court
Best suited to	Most separating couples, especially with children	Complex or unusual arrangements, privacy

A consent order is generally preferred where children are involved, where you want the reassurance of a court-reviewed agreement.. A BFA may suit complex financial matters or couples who want to keep arrangements private or where the outcome of your agreement won’t be approved by the court because it is not just and equitable to one party.

How Long Do Consent Orders Take to Be Approved?

Consent orders generally take 4 to 6 weeks to be approved after filing. More complex arrangements take longer, and court workloads also affect timeframes.

Online Consent Orders: Serviced Anywhere in Australia

Online consent orders are filed electronically and reviewed remotely by the court, so no court attendance is needed. This means orders can be prepared and filed from anywhere in Australia. You provide your details, sign where required, and we manage the drafting and filing from start to finish. Contact The Legal Drafter to get started.

Frequently Asked Questions

Are consent orders legally binding?

Yes, consent orders are legally binding once approved and sealed by the Federal Circuit and Family Court of Australia. They carry the same legal force as orders made by a judge after a contested hearing, and a breach can be enforced through the court.

Do we need to go to court for consent orders?

No, court attendance is not required for consent orders. The application is filed electronically through the Commonwealth Courts Portal and reviewed by a Registrar in chambers. If the documents are in order and the agreement is appropriate, the orders are approved without a hearing.

What do fixed fee consent orders include?

Fixed fee consent orders include drafting the consent order and preparing the required court documents. The court filing fee is additional. The fixed fee does not cover court attendance or dispute resolution..

This page contains general information only and does not constitute legal advice.