How to apply for consent orders in Australia — a plain-English, step-by-step guide

In this guide(12 sections)

If you and your former partner have reached an agreement — about money, the kids, or both — consent orders are how you make that agreement official, so a court will back it up if it ever needs to. The good news: for most people this is a paperwork process you can do without ever stepping inside a courtroom. Below is exactly how it works, step by step, in plain English. And if any part of it feels overwhelming, that's normal — you don't have to do it alone. Elisa can prepare the whole thing for you; just fill in the enquiry form and she'll call you back. The first conversation is free.

At a glance — applying for consent orders

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What are consent orders, in plain English?

Consent orders are simply your agreement, written up in a way a court can approve and enforce. "Consent" because you both agree. "Orders" because, once approved, they carry the same weight as any decision a judge makes.

They can cover:

• Money and property — who keeps the house, how savings and debts are split, and how superannuation is divided (yes, super can be formally split this way).
• The children — where they live, the time they spend with each parent, and how big decisions get made. This is the parenting side of things.
• Both — most separating couples sort out money and children together in the one application.

The key thing to understand: a handshake deal, or even a signed letter between the two of you, usually isn't something a court will enforce later. Consent orders are. They give you certainty — so the agreement can't quietly fall apart in a year's time.

Talk it through with Elisa — book a free chat → | Call 03 4328 5084

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"Form 11", "the kit", "minutes" — what are these things people search for?

There's a lot of confusing language floating around online. Here's the plain version:

• "Form 11" — this is the old name. The form is now officially called the Application for Consent Orders. If a website or relative tells you to "fill in Form 11", they mean this same document. Don't worry that you can't find one literally titled "Form 11" — you're looking for the Application for Consent Orders.
• "The consent orders kit" — just an informal phrase for the bundle of documents you put together: the application form, the orders themselves, and your supporting information.
• "Minutes of Consent Orders" — this is the important one. "Minutes" here doesn't mean time. It means the actual written list of what you've agreed — the orders you're asking the court to make. This is the document that matters most, and it's the one that most often goes wrong when people do it themselves (more on that below).

So you're really filing two main things: the Application (background facts the court needs) and the Minutes (the agreement itself).

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The step-by-step process

Step 1 — Reach a clear agreement

Before anything gets filed, you both need to actually agree — not just in spirit, but on the specifics. For money that means: who gets what, who pays what, and by when. For children: where they live, the time with each parent, holidays, and how decisions get made.

If you haven't quite got there yet, that's okay — consent orders are the finish line, not the starting point. Reaching the agreement (through conversation, a mediator, or lawyers talking) comes first. If you're stuck at this stage, that's exactly the kind of thing Elisa helps with every week.

Step 2 — Write up the orders (the "Minutes")

This is where you put the agreement into clear, precise wording — exactly what each person will do, and when. This is the technical heart of the process. Vague wording ("we'll share the holidays fairly") causes arguments later; precise wording ("the children spend the first half of each school holiday with their mother and the second half with their father") doesn't.

This is the step most worth getting help with. You can absolutely write these yourself, but it's where do-it-yourself applications most often get bounced back or — worse — create a new dispute down the track. If you'd rather not gamble on the wording, Elisa will draft the orders for you from what you've agreed. Just fill in the form and tell her the gist — she'll take it from there.

Step 3 — Fill in the Application for Consent Orders

This is the background the court needs to check your deal is fair: both your details, a list of what you own and owe (assets, debts, super), your incomes, and, if children are involved, a short description of the parenting arrangements. It's mostly form-filling — methodical rather than hard.

Step 4 — Gather your supporting documents

Typically a recent superannuation statement, and (for property matters) a rough idea of what the house and other big assets are worth. You don't need a forest of paperwork — just enough for the court to see the overall picture and that the split is reasonable.

Step 5 — File it online and pay the fee

Everything is lodged through the Commonwealth Courts Portal — the online system run by the Federal Circuit and Family Court of Australia. You upload the documents and pay the $205 filing fee. There's no concession on this fee, even if you'd get one elsewhere. No appointment, no courtroom — it's an upload.

Step 6 — A Registrar checks it "on the papers"

A court official called a Registrar reads your application privately and decides whether to approve it. You don't attend. They're checking two simple things:

• For money/property: is the split broadly fair in the circumstances? (The legal phrase is "just and equitable" — but in everyday terms, fair.)
• For children: are the arrangements good for the kids? (The legal phrase is "best interests of the child".)

The court isn't trying to pick holes or second-guess every detail. As long as your agreement sits within a sensible range, they'll generally approve it.

Step 7 — Orders are made and sealed

Once the Registrar is satisfied, the orders are officially "made" and stamped (sealed). You'll both get a copy. From this moment, the agreement is legally binding and enforceable.

Step 8 — Put the orders into effect

Now the agreement actually happens: property gets transferred, super gets split, accounts get sorted. A nice bonus here — transferring property between separating partners under consent orders is generally exempt from stamp duty, which can save tens of thousands of dollars compared with an ordinary transfer. If a property transfer is involved, that's conveyancing work that flows straight on from the orders.

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How long does it take?

Roughly:

So from "we've agreed" to "it's official" is usually around 2–4 months, most of which is simply waiting for the court's turn to review it. Busy registries run slower.

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How much does it cost?

The court's filing fee is $205. On top of that, if you'd like a lawyer to prepare everything properly, fixed-fee help is common and predictable — there's a full breakdown on our consent orders cost guide, and our family-law fixed-fee packages are all set out in writing before any work starts, so there are no surprises. (If you're also weighing up the bigger picture, our guide to what divorce costs in Australia puts it all in context.)

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Do you actually need a lawyer for this?

Honest answer: no, you're allowed to do it yourself. Plenty of people file consent orders without a lawyer.

But here's the part worth knowing. The application form is straightforward. The orders themselves — the wording of what you've agreed — are the part that quietly goes wrong. Orders that are vague, internally contradictory, or miss something (like how super is actually split) can get rejected by the court, or can lock in an argument for years. These orders are meant to bind you both for a long time, so getting the words right the first time matters.

That's the bit Elisa does. You bring the agreement; she turns it into orders that hold up. If you're at all unsure, don't wrestle with the wording alone — fill in the enquiry form and Elisa will help. The first conversation is free, and there's no obligation.

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The most common reasons applications get sent back

Most rejections come down to a handful of fixable things:

• The orders are too vague — "share things fairly" instead of who does exactly what, by when.
• Superannuation isn't dealt with properly — splitting super has its own specific wording, and a super fund won't act without it being exactly right.
• The split looks unfair on paper and isn't explained — if one person keeps almost everything, the court needs to understand why before it can approve it.
• The numbers don't add up — the assets listed in the application don't match the orders.
• Missing information — incomes, super balances, or values left blank.

A lawyer-prepared application is mostly about avoiding exactly these — so it sails through the first time instead of bouncing back weeks later.

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Parenting orders vs property orders — a quick note

You can do money only, children only, or both together in the one application. One difference worth knowing for later:

• Property orders are meant to be final. Once they're made, they're very hard to change — that's the point, it gives you certainty.
• Parenting orders can be revisited if life changes significantly down the track, because children's needs change as they grow.

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Deadlines you genuinely can't miss

For the money side, there's a time limit:

• If you were married: you have 12 months from the date your divorce becomes final to sort property by consent orders.
• If you were in a de facto relationship: you have 2 years from the date you separated.

Miss these and you have to ask the court's special permission, which isn't guaranteed. There's no such deadline for parenting arrangements — those can be made at any time. If you're anywhere near a deadline, don't sit on it — get in touch and Elisa will tell you quickly where you stand.

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Frequently asked questions

Do I have to go to court to get consent orders?

No. The whole thing is done online through the Commonwealth Courts Portal, and a court Registrar reviews it privately "on the papers". You don't attend a hearing and you don't stand in front of a judge.

What is Form 11?

It's the old name for the form now called the Application for Consent Orders. If someone tells you to fill in "Form 11", they mean this document — you're not missing a separate form.

What are "Minutes of Consent Orders"?

It's the written list of exactly what you've agreed — the orders you want the court to make. "Minutes" doesn't refer to time; it's just the legal word for the document setting out the orders. It's the most important part of the application.

How much does it cost to apply for consent orders?

The court charges a $205 filing fee in 2026, with no concession available. If you'd like a lawyer to prepare it, fixed-fee help is common — see our consent orders cost guide for the full breakdown.

How long do consent orders take to be approved?

Usually 6–12 weeks for the court to review and approve after you file, and around 2–4 months in total from reaching agreement to having sealed orders in hand. It varies with how busy the registry is.

Can I apply for consent orders without a lawyer?

Yes. You're entitled to prepare and file them yourself. The catch is that the wording of the orders is technical, and poorly worded orders can be rejected or cause disputes later. Many people get the orders themselves drafted even if they handle the rest.

Can superannuation be split with consent orders?

Yes. Consent orders can formally split superannuation, which an informal agreement cannot do — super funds will only act on a proper court order or a binding financial agreement. The split needs to be worded precisely.

Do both people have to agree?

Yes — that's what makes them "consent" orders. If your former partner won't agree or won't sign, consent orders aren't possible, and the alternative is a court application, which is slower and more expensive. Mediation usually comes first.

Is there a deadline to apply?

For property: 12 months after a divorce becomes final (if married) or 2 years after separation (if de facto). For parenting, there's no deadline. Past the property deadline you need the court's permission, which isn't guaranteed.

What if I get stuck halfway through?

That's completely normal — these documents trip up a lot of people. You don't have to push through alone. Fill in the enquiry form and Elisa will pick it up with you. The first conversation is free, in confidence, and there's no obligation.

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Feeling unsure? That's exactly what Elisa is here for

You've done the hard part by reaching an agreement. Turning it into orders that protect you is the part Elisa handles every week — calmly, in plain language, for a fixed fee agreed up front.

The first 30 minutes are free.

📞 Call 03 4328 5084

📧 elisa@fogartyoliverandrothschild.com.au

🌐 Fill in the enquiry form and Elisa will call you back →

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