Consent orders cost and process Australia 2026 — what they actually do, how much they cost, and the approval test

At a glance — consent orders in Australia 2026

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What are consent orders and how much do they cost in Australia?

Consent orders in Australia are court-approved orders that formalise agreements between separated or separating partners on property division, parenting arrangements, or both. The legal basis sits in the Family Law Act 1975 (Cth), with property orders made under section 79 (married couples) or section 90SM (de facto), and parenting orders under sections 60-65. Filing happens electronically through the Commonwealth Courts Portal and no court attendance is required — a Registrar or Judge reviews the application on the papers and makes the orders if satisfied. The court filing fee in 2026 is $205. Lawyer fixed fees for consent orders typically range from $2,000 to $5,500 across the Australian market depending on scope (property only, parenting only, or both combined). At Fogarty Oliver Rothschild, the fixed fees are $2,750 for property only, $2,750 for parenting only, and $3,850 for combined property and parenting orders — all-inclusive senior-lawyer service. Consent orders are typically the most cost-efficient way to formalise an agreed separation outcome — substantially cheaper than litigated outcomes, more enforceable than informal arrangements. This guide is for anyone considering consent orders and wanting to understand the cost, process, and approval test.

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What's the difference between consent orders and just signing an agreement?

A common question. The short answer: consent orders are enforceable as court orders; informal agreements typically aren't.

The stamp duty exemption alone often makes consent orders worth the modest extra cost. For a $1M property transfer between separating spouses, the stamp duty saving via consent orders can be $50,000+ depending on the State and the structure. The legal cost of converting an informal agreement into consent orders ($2,750 at Fogarty Oliver Rothschild) is typically a tiny fraction of the stamp duty saving.

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What does the consent orders process actually involve?

The process is administrative and straightforward when parties agree.

Step 1 — Agreement on terms

Before the application is filed, both parties must agree on the proposed orders. The agreement typically covers:

• Division of the property pool (real estate, superannuation, savings, debts)
• Parenting arrangements (where the child lives, time with each parent, communication, decision-making)
• Treatment of specific items (vehicles, furniture, business interests)
• Any spousal maintenance arrangements

If agreement hasn't been reached, consent orders aren't yet possible — negotiation precedes them.

Step 2 — Drafting the application and proposed orders

The Form 11 Application for Consent Orders is the formal filing document. It includes:

• Personal details of both parties
• Property pool identification (assets, liabilities, superannuation, financial resources)
• Parenting arrangements (where applicable)
• The proposed orders themselves — the actual orders the court will make

The proposed orders are technical documents. They need to be precise about what each party does, when, and on what conditions. Poorly drafted orders can be refused by the court or create later disputes about interpretation.

Step 3 — Both parties sign and supporting documents

Both parties sign the application. Financial disclosure documents are attached (typically including 12 months of bank statements, superannuation balance, property valuations).

Step 4 — Filing through Commonwealth Courts Portal

The application is filed electronically. Filing fee $205 paid at filing. No court attendance required.

Step 5 — Registrar or Judge review

A Registrar or Judge reviews the application on the papers. The review applies the relevant test:

• For property orders: "just and equitable" under section 79(2) of the Family Law Act 1975
• For parenting orders: "in the best interests of the child" under section 60CA

The court may make the orders as proposed, request modifications, request further information, or in rare cases refuse the application.

Step 6 — Orders made

Once the court is satisfied, the orders are made. The orders are sealed and binding. Property transfers follow the orders (typically requiring conveyancing work — handled in-house at Fogarty Oliver Rothschild as part of the integrated service).

Typical timeline: 4-12 weeks from filing to orders made. Backlogs vary by registry.

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What does the "just and equitable" test actually look at?

For property orders, the court applies the four-step process from section 79 of the Family Law Act 1975:

Step 1 — Identify and value the property pool.

What assets and liabilities exist? Real estate, superannuation, savings, debts, business interests, trust assets, anything that's "property" within the meaning of section 79. The pool includes everything in either party's name, plus joint assets.

Step 2 — Assess contributions.

Section 79(4) requires consideration of:

• Direct financial contributions (income earned and contributed, pre-relationship assets brought in)
• Indirect financial contributions (gifts, inheritances, family loans)
• Non-financial contributions (homemaking, parenting, supporting the other party's career)

Contributions are assessed both at the start of the relationship and throughout.

Step 3 — Assess future needs (section 75(2) factors).

Section 75(2) lists factors affecting the parties' future needs:

• Age and state of health
• Income, property, and financial resources
• Capacity to earn (including future earning capacity)
• Whether either party has the care of children
• A standard of living that's reasonable
• Duration of the relationship
• Contributions to the other party's earning capacity

The future needs assessment can adjust the contributions-based starting point — typically by 5-20% in favour of the lower-earning or primary-caregiver parent.

Step 4 — Is the proposed division just and equitable?

The court looks at the overall outcome. Are the proposed orders just and equitable in the circumstances? If yes, the orders are made. If not, the court may suggest modifications.

For consent orders, the court is generally willing to defer to the parties' agreement provided it falls within the range of just-and-equitable outcomes. The court isn't trying to second-guess every detail; it's confirming the proposed outcome is within a reasonable range.

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What does the "best interests of the child" test look at?

For parenting orders, the court applies section 60CC of the Family Law Act 1975.

The primary considerations (section 60CC(2)):

• The benefit to the child of having a meaningful relationship with both parents
• The need to protect the child from physical or psychological harm

Where there's tension between these (e.g. family violence concerns), protection from harm prevails.

Additional considerations (section 60CC(3)):

• The child's views (weight given depends on age and maturity)
• The nature of the relationship between the child and each parent
• The extent to which each parent has participated in major long-term decisions
• The extent to which each parent has spent time with the child
• The likely effect of any changes in the child's circumstances
• The child's right to enjoy their Aboriginal or Torres Strait Islander culture (where applicable)
• The capacity of each parent to provide for the child's needs
• Family violence considerations
• Any orders that would have a likely positive or negative effect

For consent orders, the court reviews the proposed arrangements against these factors and approves if satisfied they're in the child's best interests.

What proposed parenting orders typically cover:

• Living arrangements (which parent the child lives with, or arrangements for shared care)
• Time with the non-resident parent (regular time, holidays, special occasions)
• Communication (phone, video, written communication)
• Decision-making authority (joint or sole, on what matters)
• Religious and cultural matters
• Education choices
• Healthcare decisions
• Travel (domestic and international)
• Relocation (whether either parent can move and how far)
• Communication between parents
• Variation and review mechanisms

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What does a consent order cost in 2026?

Total typical cost for combined consent orders: $3,850 + $205 = $4,055.

What's included in the fixed fee:

• Property pool identification and valuation review
• Drafting of Form 11 Application for Consent Orders
• Drafting of proposed orders (the actual court orders)
• Coordination with the other party's lawyer (or self-represented party)
• Financial disclosure document collation
• Filing through Commonwealth Courts Portal
• Stamp duty exemption coordination under section 44 of the Duties Act 2000
• Coordination with our conveyancing team for any property transfers required by the orders
• Sealed copies of orders provided to both parties

What's not included:

• Court filing fee ($205)
• Property valuations (if required — typically $500-$1,500 per property)
• Business valuations (if required — typically $5,000-$30,000+ for substantial businesses)
• Negotiation if parties haven't yet agreed — that's separate (see property settlement negotiation packages)

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When does fixed-fee consent orders not work?

Two scenarios fall outside the fixed-fee package.

1. Parties haven't yet agreed.

If the proposed orders haven't been agreed between the parties, fixed-fee consent orders work less well. Negotiation to reach agreement is variable in scope. At Fogarty Oliver Rothschild, property settlement negotiation packages from $6,600 cover this work; once agreement is reached, the consent orders package converts the agreement into court-approved orders.

2. Highly unusual asset structures.

For matters involving complex international assets, complex trust structures, business valuation disputes, or substantial undisclosed asset concerns, the consent orders application itself becomes more substantial. Bespoke quote agreed at consultation.

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What goes wrong without proper consent orders?

The informal agreement that wasn't. A 2024 matter where the parties had divided property informally without consent orders. House transferred to one party in 2023; superannuation split discussed but never formalised; cash settlement paid. Two years later, the receiving party applied for further property division, arguing the original informal arrangement wasn't binding. We were retained to defend. The court could have ordered further property division under section 79 because no consent orders had been made — informal arrangements don't preclude later claims. The matter ultimately settled but at substantial additional cost and stress. Proper consent orders in 2023 would have given finality.

The stamp duty surprise. A 2024 matter where a separating couple transferred a $1.4M Melbourne property by direct transfer without consent orders. The State Revenue Office assessed standard stamp duty of approximately $77,000. If the transfer had been pursuant to consent orders or a Binding Financial Agreement, the section 44 Duties Act exemption would have applied. Stamp duty saving: approximately $77,000. Consent orders cost: $2,750. The economics were obvious in retrospect.

The interpretive dispute. A 2025 matter where consent orders made years earlier were ambiguous about specific arrangements. The parties disputed interpretation; new proceedings were required to clarify. Senior-lawyer drafted orders would have avoided the ambiguity. The cost of clarification proceedings substantially exceeded what good drafting would have cost initially.

(Client names withheld. Identifying details modified.)

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How long do consent orders take?

Total typical timeline: 8-16 weeks from initial instructions to orders made.

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Can consent orders be set aside or varied?

For property orders: Very limited grounds under section 79A of the Family Law Act 1975:

• Fraud, duress, or non-disclosure of material assets
• Substantial change in circumstances making implementation impossible
• The orders were affected by an exceptional circumstance not anticipated

The grounds are narrow. Consent orders provide substantial finality.

For parenting orders: Under section 65DAA, orders can be varied if there's been a "significant change in circumstances" since the orders were made. This is broader than the property test — children's needs change, parents' circumstances change, and the court has continuing jurisdiction over parenting matters.

The relative finality of property orders vs the variability of parenting orders is intentional — property division benefits from certainty; parenting arrangements need to adapt to children's evolving needs.

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What about superannuation splitting?

Consent orders can effect binding superannuation splits under Part VIIIB of the Family Law Act 1975. Informal agreements cannot — superannuation funds will only act on a binding court order or Binding Financial Agreement.

The process:

• Superannuation interest valued (sometimes requires actuarial valuation)
• Proposed split included in the consent orders
• Court makes orders directing the superannuation fund
• Fund implements the split — typically a percentage or fixed amount

Why this matters:

Many separating couples have substantial superannuation balances — sometimes more valuable than their real estate. Without binding orders, the superannuation can't be split. The receiving party has to wait until the other party retires to access any share, with no certainty about preservation. Consent orders provide certainty and immediate effectiveness.

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Frequently asked questions

How much do consent orders cost in Australia 2026?

Court filing fee $205 plus typical lawyer fixed fee $2,000-$5,500 depending on scope. At Fogarty Oliver Rothschild: $2,750 for property or parenting only, $3,850 for combined property and parenting. Total approximately $2,955-$4,055 typical.

What's the difference between consent orders and a Binding Financial Agreement?

Consent orders are court-approved (filed with the Federal Circuit and Family Court). BFAs are private agreements between parties. Both can be binding for property matters, but they have different validity tests, formalities, and circumstances for being set aside. Consent orders generally provide stronger finality.

Do I have to go to court for consent orders?

No. Consent orders are filed electronically through the Commonwealth Courts Portal and reviewed on the papers by a Registrar or Judge. No court attendance is required.

How long do consent orders take?

Typically 8-16 weeks from initial instructions to orders made. The court's review takes 4-12 weeks after filing, varying by registry backlog.

What is the "just and equitable" test?

The test the court applies to property consent orders under section 79(2) of the Family Law Act 1975. The four-step process: identify the property pool, assess contributions, assess future needs (s75(2)), determine just and equitable outcome.

What is the "best interests of the child" test?

The test applied to parenting consent orders under section 60CA of the Family Law Act 1975. Primary considerations: meaningful relationship with both parents and protection from harm. Additional considerations include the child's views, family violence, capacity of each parent, and others under s60CC(3).

Can consent orders be changed later?

Property orders: very limited grounds for set-aside under section 79A. Parenting orders: can be varied if there's a significant change in circumstances under section 65DAA.

Do I need a lawyer for consent orders?

Not strictly required — you can file Form 11 yourself. But the proposed orders are technical documents that need to be precise. Poorly drafted orders can be refused, ambiguous, or create later disputes. Senior-lawyer drafting at $2,750-$3,850 is typically worth the cost for orders that will bind for years.

What's the deadline for property consent orders?

Property orders must be applied for within 12 months of the divorce order taking effect (married couples) or within 24 months of separation (de facto couples). After these periods, leave of the court is required and isn't guaranteed.

Does consent orders cover everything in one document?

Combined consent orders cover both property and parenting matters in a single application. Some matters use separate applications (property only, parenting only). Most couples with both property and parenting issues combine them.

Are stamp duty exemptions automatic with consent orders?

For property transfers pursuant to consent orders, stamp duty is generally exempt under section 44 of the Duties Act 2000 (Vic) for Victorian properties. We coordinate the exemption application as part of the conveyancing service. Other states have similar exemptions.

What if my former partner doesn't sign?

If the other party refuses to sign, consent orders aren't possible — they require both parties to agree. The alternative is to apply for orders by initiating application (without consent), which is a litigated process and substantially more expensive. Mediation and negotiation typically precede this.

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