Consent Orders

Consent Orders Canberra: Fixed Fee Consent Order Lawyers (ACT)

Fixed fee consent order lawyers prepare and file a consent order application for a fee agreed in advance, rather than charging by the hour. The fee covers gathering details of your agreement, drafting the application and associated documents, and filing everything with the court. 

Fixed Fee Consent Orders for Canberra Couples

When a couple divorces or separates, decisions must be made about dividing assets and liabilities and about parenting arrangements for children.

If those decisions can be made amicably, a consent order is the quickest, cheapest and simplest way to make the agreement legally binding. The court will approve the orders if the financial arrangements are just and equitable and the parenting arrangements are in the best interests of the children. Once approved, the orders are enforceable and property transfers are generally eligible for stamp duty relief.

How Consent Orders Work in the ACT

Consent orders in the ACT result from negotiation or mediation between the parties rather than a judge deciding for them. They can determine:

  • How assets and liabilities are divided and any spousal maintenance payable, providing a clean break with no ongoing financial ties.
  • Parenting arrangements covering where children live, schooling, healthcare, and time spent with each parent. Our parenting arrangements service explains these orders in more detail.

Once agreement is reached, an application for consent orders and supporting documents are drafted to record the terms. Applications are filed electronically through the Commonwealth Courts Portal with a filing fee. Married couples must file within twelve months of a divorce taking effect, and de facto couples within two years of the relationship ending, unless the court grants permission to apply later.

The Federal Circuit and Family Court of Australia reviews the application and, if satisfied, approves the orders and issues sealed copies. The process is faster and far cheaper than court proceedings, keeps control with the parties and usually attracts stamp duty exemptions.

Property and Parenting Consent Orders in Canberra

Consent orders finalise arrangements at the end of a marriage or de facto relationship. Property and financial orders cover the division of assets, liabilities and superannuation, and both parties must give full and frank disclosure of their income, expenses and debts. Parenting orders determine where children live, the time they spend with each parent and who makes decisions about them. Read more about property settlement consent orders.

The documents submitted include an Application for Consent Orders setting out what is sought, a Minute of Consent Orders containing the precise wording, and any supporting documents. If the financial arrangements are just and equitable and the parenting arrangements serve the children’s best interests, the orders are approved and become legally enforceable.

Filing Consent Orders Through the Canberra Registry

Documents filed typically include:

  • Application for Consent Orders: describes what orders are being sought.
  • Minute of Consent Orders: contains the specific wording of the proposed orders.
  • Supporting documents: may include a financial statement, superannuation information and any notice relating to family violence or child abuse risk.

The Application and Minute must be signed by all parties, and everything is uploaded electronically to the Commonwealth Courts Portal. A Registrar reviews the documents and, if approved, the orders are sealed and become legally binding on both parties.

Why Canberra Clients Choose Online Fixed Fee Drafting

Online fixed fee drafting offers clear advantages over the traditional hourly model:

Feature Online Fixed Fee Drafting Traditional Hourly Billing
Cost certainty Price agreed in advance, no hidden charges Final cost unknown until the end
Turnaround Fast, streamlined electronic process Often slower, appointment-based
Court attendance Not required Not required, but office visits are common
Overheads Lower, reflected in the fee Higher office overheads

Stamp duty is also normally avoided on property transfers made under sealed consent orders. To find out what your matter would cost, contact The Legal Drafter for a fixed quote.

Frequently Asked Questions

How much do consent orders cost in Canberra?

Consent orders in Canberra cost a fixed drafting fee plus the court filing fee. The fixed fee depends on whether your orders cover property, parenting or both, and is agreed before work starts. No additional charges apply unless the parties change their agreement after drafting begins.

Do I need to attend court in Canberra for consent orders?

No, you do not need to attend court. Consent order applications are filed electronically through the Commonwealth Courts Portal and assessed by a Registrar on the papers. If the agreement meets the legal requirements, sealed orders are issued without any hearing or court appearance.

What is the time limit for filing consent orders in the ACT?

Married couples must apply for financial consent orders within twelve months of their divorce taking effect. De facto couples must apply within two years of separation. Applications outside these time limits require the court’s permission, so it is best to formalise your agreement promptly.

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

How we can help you draft your consent orders

Consent Orders

Consent Orders

Fixed Fee $1,980

Inclusive of the drafting, review and finalisation of your court documents for property/financial, superannuation, parenting and spousal maintenance.