Consent Orders for Property Settlement: Fixed Fee Property Consent Orders

Separating is hard enough, and dividing everything you own makes it harder. Once you and your former partner have agreed on who gets what, the next step is to make it legally secure. Verbal agreements carry no weight in family law: to protect yourself from future claims, you need a formal court order.

What Are Property Settlement Consent Orders?

Property settlement consent orders are written agreements approved by the Federal Circuit and Family Court of Australia that set out exactly how your assets and liabilities are divided after separation.

Once a Registrar seals the orders, they become legally binding, carrying the same weight as a decision made by a judge after lengthy contested proceedings. The difference is that you skip the dispute and the large legal bills, because both parties agree the terms upfront.

Family Court Consent Orders for Property Settlement: How Approval Works

You do not need to set foot inside a courtroom. The entire process happens on the papers: you submit your drafted application and proposed orders online through the Commonwealth Courts Portal, and a Registrar of the FCFCOA reviews them in chambers.

The Registrar assesses one key question: is the agreement just and equitable? The court will not approve a division that leaves one party in serious hardship while the other takes almost everything. If the division is fair and the drafting is correct, the orders are approved.

What Property Consent Orders Can Cover (Real Estate, Super, Debts, Businesses)

Your asset pool includes everything you own and everything you owe. A well-drafted order leaves no loose ends:

• Real estate and the family home.
• Superannuation accounts.
• Bank balances and cash savings.
• Shares and investment portfolios.
• Vehicles and boats.
• Mortgages and personal loans.
• Credit card debts.
• Family businesses and company structures.

Debts must be dealt with as carefully as assets. If your former partner defaults on a joint loan, the lender can pursue you. A consent order can require the refinancing or sale of joint liabilities, and our financial matters service can help structure complex arrangements.

Superannuation Splitting in Consent Orders

Superannuation is often the largest asset outside the family home. A super fund can be legally split, with a portion transferred to your former partner’s fund.

This requires highly specific drafting. You cannot simply ask the court to split the fund: the superannuation trustee must be notified first and must review your proposed orders, providing a letter confirming no objection to the split. Without that letter, the court will reject the application.

Stamp Duty and CGT Benefits of Property Consent Orders

A consent order can deliver real financial benefits. Transferring a house into one person’s name would usually trigger a substantial state stamp duty bill, but transfers under a sealed consent order are generally exempt, a saving that can run into tens of thousands of dollars for many couples.

Capital Gains Tax rollover relief also applies when investment properties or shares are transferred under the orders: the tax is deferred rather than payable at the time of transfer.

Financial Disclosure Requirements

Both parties must provide full and frank financial disclosure before signing the application. Every asset and debt must be declared. If a party conceals a bank account or an investment property, the court can set the orders aside years later. Complete honesty is what makes the agreement secure.

Property Consent Orders vs Binding Financial Agreements

These two options are often confused, but they are very different.

Feature	Property Consent Orders	Binding Financial Agreement
Court review	Registrar checks the deal is just and equitable	No court review of fairness
Mandatory lawyers	Not required	Independent legal advice required for both parties
Typical cost	Lower overall	Higher, due to mandatory advice certificates
Security	Court-approved and enforceable	Private contract, can be challenged

A binding financial agreement requires both people to obtain independent legal advice and certificates from separate lawyers, which adds cost. Consent orders do not require lawyers to sign certificates, and the court’s fairness review provides additional security compared with a private contract.

Our Fixed Fee Property Consent Order Process

Drafting these documents is complicated, and one mistake can cause the court to reject the application. The Legal Drafter takes the stress out of the process. We draft consent orders for property and financial settlements for a fixed fee, so you know the cost from day one.

We offer a 24-hour turnaround on your documents and guide you through the process until your orders are approved, all by phone and email. To lock in your property settlement, contact The Legal Drafter for fixed fee consent orders anywhere in Australia.

Frequently Asked Questions

Are property consent orders legally binding?

Yes, property consent orders are legally binding once sealed by the Federal Circuit and Family Court of Australia. They have the same legal effect as orders made by a judge after a contested hearing, and they prevent either party making further property claims covered by the orders.

Do I pay stamp duty on a property transfer under consent orders?

Generally no, transfers of property between separating parties under sealed consent orders are exempt from state stamp duty. This exemption can save tens of thousands of dollars on the family home. Transfers of investment assets may also qualify for Capital Gains Tax rollover relief.

Can superannuation be split in a property consent order?

Yes, superannuation can be split under property consent orders. The proposed orders must first be sent to the super fund trustee, who reviews them and confirms no objection in writing. The court requires this confirmation before it will approve any superannuation splitting orders.

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