What am I entitled to after separation in Australia?
Understand what you may be entitled to after separation in Australia, including property settlement, spousal maintenance, children and key time limits.
Read article →- Court attendance
Usually not required
- Once made
Legally enforceable
- Can include
Property & parenting
- Requires
Financial disclosure
What consent orders mean.
Consent orders are orders made by the court with the agreement of the parties. They may deal with parenting arrangements, property settlement, spousal maintenance or related financial matters.
They are commonly used where agreement has been reached through negotiation, mediation or direct discussion, and the parties want an enforceable outcome without a contested hearing.
Careful drafting matters. Orders should be clear, practical and capable of implementation - a handshake or email agreement may not protect your legal position.
Formality matters.
A handshake, email agreement or statutory declaration may not protect your legal position. Without a consent order or binding agreement in place, there is nothing to enforce if circumstances change, one party changes their mind, or a dispute arises years down the track. The cost of formalising an agreement is almost always less than the cost of trying to enforce one that was never properly documented.
Our approach
Consent orders should be more than intentions.
Reaching an agreement is not enough on its own. The court will only make consent orders if they meet the requirements of the Family Law Act. For parenting matters, the orders must be in the best interests of the children. For financial and property matters, they must be just and equitable.
Clear drafting.
We prepare practical orders designed to reduce confusion at implementation, not increase it.
Parenting & property experience.
We assist with both parenting and financial consent orders - often in the same matter.
Formalisation advice.
We explain whether consent orders or another pathway may be more suitable in your specific case.
Implementation support.
We help you understand what must happen practically after orders are made.
How it works
The Consent Orders process.
The consent order process requires clear instructions, careful drafting, supporting documents and filing with the court for approval.
01
Confirm agreement
Identify exactly what has been agreed and whether any issues remain unresolved.
02
Check suitability
Consider whether consent orders are appropriate or whether another pathway is better, such as a Binding Financial Agreement.
03
Draft the documents
Prepare proposed orders and the application with supporting information.
04
File with the court
Submit documents for court review and respond to requisitions if required.
05
Implement the orders
Complete transfers, payments, refinancing, communication steps or parenting arrangements.
In more detail
What you should know.
Three issues shape almost every consent order application - what the orders can cover, how they compare with a parenting plan, and how superannuation is dealt with.
What consent orders can cover.
Consent orders can deal with parenting matters, property and financial matters, or a combination of those issues. Many separated parties use one application to formalise both parenting arrangements and financial settlement.
Parenting arrangements
Orders may deal with parental responsibility, where the children live, time and communication with each parent, school holidays, special occasions, changeovers, travel, passports and schooling.
Property & finances
Orders may deal with the transfer or sale of real estate, division of accounts and debts, businesses, trusts, spousal maintenance and superannuation splitting - together with implementation steps if a party does not comply.
Clear orders should specify
- Dates & timeframes
- Amounts & obligations
- Transfer mechanisms
- Sale procedures
- Refinance obligations
- Default provisions
Key point
Orders should be capable of implementation without further argument - vague drafting is a common source of future disputes.
Consent orders or a parenting plan?
A parenting plan is a written agreement between parents that records parenting arrangements. It can be flexible and practical, but it is not enforceable in the same way as Court orders.
Why orders are usually preferred
Consent orders are legally enforceable once made. A parenting plan generally cannot be enforced as an order can - although a court may have regard to its terms in a later parenting application.
When flexibility helps
Some parents prefer a parenting plan where communication is respectful, the children's needs are changing and both parents are likely to comply with the arrangements.
Formal orders may be safer where there is
- Conflict or poor communication
- Withholding of children
- Disagreement about holidays
- Family violence concerns
- Relocation or travel risk
- Uncertainty about responsibility
Key point
Before signing either document, obtain advice about whether the terms are clear, practical and in the children's best interests.
Superannuation splitting by consent.
Superannuation is treated as a different type of property in family law, but it can still be divided as part of a property settlement. A split usually transfers part of one party's superannuation interest into the other party's fund - it does not usually mean immediate cash.
Procedural fairness
The superannuation fund's trustee usually needs to be given notice of the proposed orders before they are made, so the trustee can review the wording and confirm the orders can be implemented.
Fund type matters
Different rules may apply to accumulation funds, defined benefit funds, self-managed funds and pension interests - the wording needs to be technically correct.
The right approach depends on
- Age & retirement position
- Cashflow needs
- Assets & liabilities
- The type of fund
- The value of the interest
- Each party's future needs
Key point
Superannuation should not be overlooked - particularly in long relationships or where one party holds significantly more superannuation than the other.
Frequently asked questions
Advice from our family law team.
What are consent orders?
Consent orders are Court orders made by agreement between the parties. Once made, they generally have the same legal force as orders made after a contested hearing - each party is expected to comply with them, and there may be legal consequences if they do not.
Do we need to go to Court to get consent orders?
Usually not. If no proceedings are on foot, the parties can file an Application for Consent Orders together with the proposed orders, and the Court generally considers the documents without anyone attending in person. Once approved, sealed orders can usually be downloaded from the Court's portal.
What does the Court consider before making consent orders?
In parenting matters, the Court must be satisfied that the proposed orders are in the best interests of the children. In property and financial matters, the Court considers whether the proposed orders are just and equitable in all the circumstances.
Do we have to exchange financial information first?
Generally, yes. Parties to financial matters have a duty to give full and frank disclosure of their financial circumstances, and the Court relies on that information to assess whether the proposed orders are appropriate.
Is there a time limit for financial consent orders?
Generally, applications for property settlement or spousal maintenance must be made within 12 months of a divorce order taking effect, or within two years of the end of a de facto relationship. Outside those periods, an application usually requires the Court's permission or the consent of both parties - so obtain advice promptly.
How long do we have to file after signing the documents?
Do not delay. A respondent's consent to an Application for Consent Orders generally lapses if 90 days have passed since the date of the first affidavit in the application, and the documents may need to be re-signed before filing.
What if the Court asks questions about our proposed consent orders?
It does not necessarily mean the agreement has failed. The Court may raise a requisition seeking clarification, further information or amendments before deciding whether the orders should be made - once those matters are addressed, the documents can usually be re-filed for approval.
Can consent orders be changed after they are made?
Not easily. Final parenting orders are generally not reconsidered unless there has been a significant change of circumstances and reconsideration is in the children's best interests, or all parties agree. Property orders are usually final and may only be set aside in limited circumstances.
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