If you and your former partner have reached an agreement, you've already done one of the hardest things a separating couple can do — and you deserve to have it protected properly, wherever in Queensland you live. Consent orders turn that agreement into orders of the Federal Circuit and Family Court of Australia, so it is final and enforceable. Because family law is federal, and Queensland de facto couples are covered by the same federal Family Law Act as married couples, the process for someone in Brisbane, the Gold Coast or Townsville is exactly the same as for someone in Melbourne: the application is filed online and decided on the papers, with no court attendance. I'm Elisa Rothschild, principal at Fogarty Oliver Rothschild, practising family law since 2012. I am admitted in Victoria and to the High Court of Australia, which enables me to act in family law matters Australia-wide, and I work with Queensland clients by video, phone and email, handling every matter myself.
How consent orders work for Queensland clients
You and your former partner agree on the terms — how property, savings, debts and superannuation will be divided, how the children will be cared for, or both. I draft the Application for Consent Orders (the court's Form 11) and the proposed orders, check the financial disclosure behind them, and explain every clause to you before anything is signed.
You each sign electronically, or in front of a Justice of the Peace near you where witnessing is needed, and the application is filed online through the Commonwealth Courts Portal with the $205 filing fee. A registrar reviews it on the papers and, if the orders are just and equitable (for property) and in the children's best interests (for parenting), they are made and sealed. Nobody needs to go to the Brisbane registry or anywhere else.
Queensland-specific things to check
If the family home or another property is being transferred between you, Queensland generally exempts transfers made under family law orders or a Binding Financial Agreement from transfer duty, but there are conditions, so this is something we check for your property before the orders are finalised. Conveyancing of Queensland property, and any domestic violence protection order (DVO) issues, are handled under Queensland law, and I'll tell you if you need local help with either and coordinate with them.
If there are safety concerns for you or the children, please tell me at the start — they change what should go into parenting orders, and your safety comes first. In an emergency call 000, or 1800RESPECT (1800 737 732) for confidential support.
What it costs
Court fees are set nationally, so the $205 filing fee is the same in Queensland as everywhere else. As a guide, my fixed fees for consent orders are $2,750 for property only or parenting only and $3,850 combined, with no interstate premium — see the packages page for what's included. Your own fee is confirmed in writing after a free 30-minute consultation, before any work starts.
Time limits
If you were married, an application for property orders generally has to be made within 12 months of your divorce taking effect; if you were in a de facto relationship, generally within two years of separating. After that you need the court's permission. If either date is getting close, it's worth having the first conversation now.
Frequently asked questions — family law in Brisbane & Queensland (online)
Can a Melbourne lawyer prepare consent orders for me in Queensland?+
Yes. Consent orders are made under the federal Family Law Act and filed online with the Federal Circuit and Family Court of Australia, which operates the same way in Queensland as in Victoria. I am admitted in Victoria and to the High Court of Australia, which enables me to act in family law matters Australia-wide, and I work with Queensland clients by video and phone.
Do I need to go to the Brisbane registry?+
No. Consent orders are filed online and decided on the papers by a registrar, so neither of you needs to attend court.
We were in a de facto relationship in Queensland. Does the same process apply?+
Yes. De facto couples in Queensland are covered by the federal Family Law Act, so property consent orders work the same way as for married couples. The main difference is the time limit: generally two years from separation, rather than 12 months from a divorce.
Will I pay stamp duty if the house is transferred to me?+
Queensland generally exempts transfers between former partners made under family law orders or a Binding Financial Agreement from transfer duty, subject to conditions. We check how that applies to your property before the orders are finalised.
What happens in the free 30-minute consultation?+
You tell me what you've agreed and what's worrying you, and I give you an honest read: whether consent orders are the right tool, anything that looks risky or missing, the likely timeframe, and roughly what it would cost. It's by video or phone, confidential, and there's no obligation.
Family law help for Brisbane & Queensland (online), whatever you're facing
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Reviewed by Elisa Rothschild BA/LLB — Principal Lawyer, Fogarty Oliver Rothschild. Last reviewed 2026-05-28.