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Consent Orders

What are Consent Orders?

Consent Orders are orders which are sealed by the Court and made into a legally binding document, which is enforceable, and parties can be held to account to discourage non-compliance. The Court Orders record of the arrangement between the parties.


If both parties can agree on how they wish to divide assets, and/or the welfare of their children, they can make an application to the Federal Circuit and Family Court of Australia with their proposed Consent Orders for the Court’s approval.


The application for Consent Orders will include such matters as the background of the relationship, a list of assets and liabilities of the parties, the contributions made by each party during the relationship, and also their future needs. The Consent Orders should clearly set out the obligations of each party in relation to either the division of assets, and/or parenting arrangements.


The Consent Orders will be subject to the Court determining that the Orders sought are fair and equitable.

Why choose Consent Orders?

The Consent Orders are legally binding;

  • Any applications for enforcement of the Consent Orders is a simple process compared to a Binding Financial Agreement, as the Court does not have to determine if the Consent Orders are valid and enforceable;
  • It is difficult to invalidate; and
  • Parties are not required to obtain independent legal advice.

Do I need to attend Court?

No, this does not require either party to attend Court.


Executive Lawyers can provide you legal advice and help you to negotiate Consent Orders with your former spouse, or partner. On your behalf, we can draft the proposed Consent Orders and submit all relevant documentation required.

Frequently Asked Questions

An application for Consent Orders in relation to a property, or financial settlement must be filed within 12 months of a divorce, or within two years of a de-facto relationship breaking down.

If there are any concerns about your application, then the Registrar will contact the parties and issue the parties with a notice requesting that any concerns be addressed. Failure to do so in the specified time will result in your application being dismissed.

We make things easy, efficient, and worry-free. Talk to us today.