If you and your former partner have managed to agree on how to divide things, or how the children will be cared for, please don't underestimate what that took. Agreeing in the middle of a separation is hard, and it deserves to be protected. Consent orders are how you do that: they turn your agreement into orders of the Federal Circuit and Family Court, so it is final, enforceable, and can't quietly unravel years later. My job is to make sure the orders say what you both actually mean, that the court will approve them, and that nothing important has been missed along the way.
What consent orders are, in plain English
Consent orders are court orders made with both of your agreement. You don't go to court and nobody argues a case: you file an Application for Consent Orders (the court's Form 11) together with the proposed orders, online through the Commonwealth Courts Portal, and a registrar reviews them on the papers. If the orders meet the legal test, they are made and sealed, and they have the same force as orders made after a hearing.
They can cover property (the house, savings, debts and superannuation), parenting arrangements, or both. For property, the court must be satisfied the division is just and equitable; for parenting, that the arrangements are in the children's best interests. The court filing fee is $205.
Why an informal agreement usually isn't enough
Many people divide things up between themselves, shake hands and move on, and I understand why: it feels like the kind, low-cost thing to do. The trouble is that an informal agreement doesn't stop either of you from making a property claim later, can't split superannuation, and generally doesn't attract the stamp duty exemption on transferring a home between you. Years on, when circumstances change, that gap can become very expensive and very painful.
Consent orders close that gap. They give you a clean, legally certain line under the relationship, so you can both get on with your lives.
Where people get caught out — and how I help
The court's form is the easy part. The risk sits in the proposed orders themselves. Orders that are vague, that leave out an asset or a superannuation fund, or that don't explain why the split is fair, get sent back by the registrar — or worse, are approved but turn out to be unworkable when someone tries to rely on them. I draft the orders so they are precise, complete and approvable, and I check the financial disclosure behind them so nothing important has been overlooked.
I'll also be honest with you if I have concerns — for example if an arrangement looks very one-sided, or if there are safety issues for you or the children that should be addressed before anything is signed. You deserve to understand exactly what you're agreeing to.
What it costs
As a guide, my fixed fees for consent orders are $2,750 for property only or parenting only, and $3,850 for property and parenting combined, plus the $205 court filing fee — see the packages page for what's included. Your own fee is confirmed in writing after a free 30-minute consultation, once it's clear what your matter actually needs, and before any work starts.
Deadlines worth knowing about
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, it is generally within two years of separating. After that you need the court's permission, which isn't guaranteed. There's no need to panic, but if one of those dates is getting close, it's worth starting the conversation now.
How I handle a consent orders matter
- 1A free 30-minute consultation — by phone, video or in St Kilda — to understand what you've agreed and what matters to you
- 2Your fee confirmed in writing before any work begins
- 3A careful check of the financial disclosure so nothing has been missed
- 4Drafting of the Application for Consent Orders and the proposed orders, written so the court can approve them
- 5Electronic signing by both of you, online filing, and follow-through until the orders are sealed
Frequently asked questions
Do we have to go to court for consent orders?
No. Consent orders are filed online through the Commonwealth Courts Portal and a registrar decides them on the papers. Neither of you needs to attend court.
Can one lawyer act for both of us?
No. I act for one of you only, so I can give you advice that is genuinely about your interests. Your former partner can get their own advice or, in some cases, represent themselves — either way, the orders are prepared so both of you understand and agree with them.
How long do consent orders take?
Once you have agreed, preparing and signing the documents usually takes a few weeks, and the court then reviews the application. Processing times vary with the court's workload, and I'll give you a realistic estimate at the first consultation.
What if the registrar sends the orders back?
Registrars sometimes ask for more information or for orders to be changed, usually because something is unclear or the split hasn't been explained. Careful drafting avoids most of this, and if a request does come back, I deal with it as part of the work.
Can you help if I live outside Victoria?
Yes. Consent orders are a federal process filed online, so I act for clients in other states by video and phone. In Western Australia, the Family Court of Western Australia has its own procedures, and I'll explain how they apply to you.
Reviewed by Elisa Rothschild BA/LLB — Principal Lawyer, Fogarty Oliver Rothschild. Admitted to legal practice in Victoria. Last reviewed 2026-10-06.
This page is general legal information about consent orders in Victoria, Australia. It is not legal advice for your specific situation. For advice on your matter, book a free 30-minute consultation.