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Consent Order Cost: The Cost of a Family Law Consent Order in Australia (2026)

Family Court

Jul 27 2026

The Legal Drafter

Making your property and parenting agreements legally binding should not drain your bank account. You have already done the hard work of reaching an agreement with your former partner. Now you need to know what it costs to make it official. This guide breaks down the costs of finalising your separation in 2026.

How Much Does a Consent Order Cost in Australia?

The total cost of a consent order is made up of two parts: the mandatory court filing fee, and the professional drafting fee if you engage someone to prepare the legal paperwork. If you complete everything yourself using the court's DIY kit, you pay only the court fee. If you engage a traditional law firm on hourly rates, the total can run to several thousand dollars. The final price depends entirely on the path you choose.
Option What You Pay Key Risk or Benefit
DIY court kit Court filing fee only Higher risk of errors and requisitions
Fixed fee drafting service One agreed fee plus filing fee Cost certainty, professionally drafted documents
Traditional firm (hourly) Hourly rates plus filing fee Final cost unknown until the end

Court Filing Fee for Consent Orders

The Federal Circuit and Family Court of Australia charges a standard lodgement fee for every Application for Consent Orders, currently $215, with fees reviewed at the start of each financial year. Current fees are published by the FCFCOA. You pay this fee directly to the court when you upload your signed documents to the Commonwealth Courts Portal. It is a one-off payment, and the court does not charge extra if your application covers both property and parenting matters.

Lawyer Fees: Fixed Fee vs Hourly Rates

Under hourly billing, every phone call, email and revision adds to the final bill, and the final invoice can exceed the initial estimate. Fixed fee services take a different approach: you know exactly what you will pay before drafting begins. This removes financial uncertainty from an already stressful situation. You are paying for the outcome, not the time it takes to get there.

What Affects the Cost of a Consent Order (Property, Parenting, Super Splitting)

Complex agreements require more detailed drafting. A simple property transfer is relatively straightforward, while superannuation splits require specific legal wording and approval from the super fund trustee before filing. Parenting arrangements need careful drafting of schedules, changeovers and parental responsibilities. Some firms increase fees based on the complexity of the asset pool or the number of children involved, so it pays to confirm the scope of any fixed fee upfront.

Fee Waivers and Reductions: Who Qualifies

You may not have to pay the full court filing fee. The family court offers reduced fees for people experiencing financial hardship. You can apply for a reduction if you hold certain government concession cards, or if you receive legal aid, Youth Allowance, Austudy or Abstudy. A specific exemption form must be submitted with your application to secure the reduced rate.

Hidden Costs to Watch For (Requisitions, Redrafting, Conveyancing)

Doing it yourself can cost more in the long run. If the court finds errors in a DIY application, it issues a requisition, meaning the application is sent back for correction. Fixing these errors often means paying for legal help at short notice. Transferring real estate also requires a conveyancer, whose fees are separate from the family court costs. Budget for property transfer costs once your orders are approved. For complex asset pools, our financial matters service can help you plan the full picture.

How a Consent Order Saves You Money (Stamp Duty and Avoiding Litigation)

A consent order is an investment that typically pays for itself many times over. Contested court proceedings over a property split can cost tens of thousands of dollars in legal fees; a consent order avoids litigation entirely. Just as importantly, transfers made under sealed consent orders are generally exempt from state stamp duty. When the family home moves into one person's name under a property settlement consent order, this exemption alone can save separating couples a very substantial amount.

The Legal Drafter's Fixed Fee Consent Order Pricing

We believe in complete transparency. The Legal Drafter provides a family law drafting service with no hidden costs, focusing on consent orders for property settlements, superannuation splits, spousal maintenance and parenting arrangements. Our fixed fees mean no surprise bills. We offer a 24-hour drafting turnaround and guide you through the process until your orders are approved by the court. To get an exact price for your matter, contact The Legal Drafter for a fixed fee quote, available anywhere in Australia.

Frequently Asked Questions

What is the court filing fee for consent orders in 2026?

The court filing fee for an Application for Consent Orders is $215 as of 2026. It is a one-off payment made to the Federal Circuit and Family Court of Australia when filing, and it covers both property and parenting matters in a single application.

Can I get the consent order filing fee reduced?

Yes, the filing fee can be reduced for eligible applicants. Holders of certain government concession cards, and people receiving legal aid, Youth Allowance, Austudy or Abstudy, can apply for a reduced fee by submitting the relevant exemption form with their consent order application.

Is a consent order cheaper than going to court?

Yes, a consent order is significantly cheaper than contested court proceedings. Litigation over property can cost tens of thousands of dollars, while a consent order involves only a fixed drafting fee and the court filing fee, plus potential stamp duty savings on property transfers.

Does a consent order avoid stamp duty?

Generally yes, property transfers between separating parties under sealed consent orders are exempt from state stamp duty. This exemption can save a substantial amount when transferring the family home, and it is one of the main financial reasons couples formalise their agreement through consent orders. This article contains general information only and does not constitute legal advice.

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