Consent Orders WA: Fixed Fee Consent Orders for Perth and Western Australia

Consent orders allow divorcing and separating couples in Western Australia to avoid lengthy court proceedings, reducing stress and inconvenience. While many legal services charge by the hour, leaving the total cost unknown, fixed fee consent orders have a price set and agreed in advance. The cost only changes if the parties disagree or the requirements change.

Fixed Fee Consent Orders Perth

A fixed fee consent order covers the initial gathering of information about your agreement, drafting the Form 11 application, the Minute of proposed orders and supporting documents, with the Family Court of Western Australia (FCWA) and finalising the sealed orders after approval.

A court filing fee also applies, currently $215 as of mid-2026. Contact us for a fixed quote for your matter.

How Consent Orders Work in Western Australia (Family Court of WA)

Consent orders in Western Australia can cover:

• Parenting orders: children’s living arrangements, time with each parent and schooling. See our parenting arrangements service.
• Property division: the splitting of assets and liabilities.
• Spousal maintenance: agreed ongoing payments between the parties.

A signed and dated Application and Minute of Consent Orders set out the agreed arrangements and are submitted electronically to the Family Court of Western Australia through the court’s portal. If the court is satisfied that the financial arrangements are just and equitable and the parenting arrangements are in the children’s best interests, the orders are sealed and approved. They are then legally enforceable in the same way as a trial ruling.

De Facto Couples and Consent Orders in WA (Why WA Is Different)

Married couples across Australia, and de facto couples in most states, are governed by the federal Family Law Act 1975. In Western Australia, however, de facto relationships are governed by the state Family Court Act 1997, administered by the FCWA. For de facto couples this means:

• Eligibility must be established by meeting specific criteria: living together for at least two continuous years, having a child together, or having made significant financial or other contributions.
• The consent order application must be filed within two years of separation. Beyond that, special court permission is needed to apply.
• Superannuation splitting for WA de facto couples only became available following law reforms that took effect in September 2022, later than in the rest of Australia. Splitting super still requires precise drafting and trustee involvement, so professional preparation is important.

In other respects, de facto couples are treated in the same way as married couples and submit the same forms for approval.

Feature	Married Couples (WA)	De Facto Couples (WA)
Governing law	Family Law Act 1975 (Cth)	Family Court Act 1997 (WA)
Filing time limit	12 months from divorce taking effect	2 years from separation
Eligibility test	Marriage certificate	2 years cohabitation, a child together, or significant contributions
Superannuation splitting	Long established	Available since September 2022 reforms

Property and Parenting Consent Orders in Perth

Both property and parenting consent orders are suitable where the parties have agreed on the division of assets and liabilities and on arrangements for the children. Although both types of order are legally enforceable, they do not require court attendance and are quicker, more convenient and less expensive than a trial.

All forms are available through the FCWA, are filed electronically once completed, and are reviewed and approved remotely provided the financial arrangements are just and equitable and the parenting arrangements are in the children’s best interests. For complex asset pools, our financial matters service can assist with the supporting detail.

Our Online Process for WA Clients

The whole process is designed to be stress-free, straightforward, fast and cost-effective, with no need to attend a court or law office. It recognises that separation and divorce are difficult, and aims to make the legal side as easy as possible.

Details of your agreed arrangements are gathered through an online questionnaire or telephone consultation. The Form 11 Application for Consent Orders and the Minute of Consent Orders are drafted in precise legal terms and filed electronically. Once reviewed, approved and sealed, the orders are legally binding. Our consent orders service is available throughout Perth and regional WA.

Frequently Asked Questions

Which court handles consent orders in WA?

The Family Court of Western Australia (FCWA) handles consent orders in WA. Unlike the rest of Australia, WA has its own state family court, which administers both federal law for married couples and the Family Court Act 1997 for de facto couples. Applications are filed through the FCWA portal.

Can WA de facto couples split superannuation in consent orders?

Yes, WA de facto couples can now split superannuation in consent orders. This became possible after law reforms took effect in September 2022, bringing WA de facto couples broadly into line with the rest of Australia. Super splitting requires specific drafting and involvement of the fund trustee.

How much is the consent order filing fee in WA?

The filing fee for a consent order application in Western Australia is $215 as of mid-2026. This fee is paid to the Family Court of Western Australia when the application is lodged and is separate from any professional drafting fees. Court fees are reviewed periodically.

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