Consent Orders – Parenting and Property
If you and your former partner agree on parenting, property, superannuation or maintenance arrangements, you can ask the Federal Circuit and Family Court of Australia to make Consent Orders, turning your agreement into a legally binding court order. The Court still checks that parenting terms are in the child’s best interests and that financial terms are just and equitable — agreement alone doesn’t guarantee approval. Caspian Legal helps clients in Hornsby and the Upper North Shore prepare and file Consent Orders correctly the first time.
Reaching agreement is a relief — but an informal agreement isn’t enforceable on its own, and getting the drafting or filing wrong can mean delay, a rejected application, or a document that doesn’t hold up later. Consent Orders fix that by making your agreement a binding court order.
Have an agreement ready to formalise? Call Caspian Legal on 02 7264 3200, enquire at caspianlegal.com.au, or book a consultation before you sign or file anything.
Caspian Legal assists clients in Hornsby, Waitara, Wahroonga, Asquith, Thornleigh, Pennant Hills, Turramurra and surrounding Upper North Shore suburbs with family law Consent Orders.
What are Consent Orders?
Consent Orders are court orders made by agreement between separated parties, most commonly used to formalise parenting or financial arrangements. They can cover:
| Issue | What Consent Orders may cover |
| Parenting | Where children live, time with each parent, school holidays, travel, communication and parental responsibility |
| Property settlement | Real estate, bank accounts, vehicles, businesses, loans, credit cards, debts and other assets |
| Superannuation | Superannuation splitting orders, where properly drafted and trustee requirements are addressed |
| Maintenance | Spousal or de facto partner maintenance, where appropriate |
| Existing orders | Varying, discharging or replacing existing family law orders by agreement, where legally available |
Even though both parties consent, the Court still checks the orders against the legal test — it doesn’t rubber-stamp every agreement.
Black-letter law, common practice and practical insight
| Category | Point | Plain English |
| Black-letter law | Consent Orders can formalise agreed parenting, property, financial or maintenance matters. | Agreement + a properly made application = enforceable court orders. |
| Black-letter law | Parenting orders must be in the child’s best interests. | The focus is the child’s welfare and safety, not simply what each parent prefers. |
| Black-letter law | Property and financial orders must be just and equitable. | The Court must be satisfied the financial outcome is legally appropriate. |
| Common practice | Applications are generally filed via the Commonwealth Courts Portal, not a local court. | Hornsby Local Court doesn’t handle family law Consent Orders. |
| Practical insight | Poor drafting is the most common cause of delay. | Vague orders, missing information, or inconsistent PDF/Word versions lead to requisitions or refusal. |
| Practical insight | Final property orders are meant to be final. | Reopening them later usually needs specific legal grounds (e.g. fraud, non-disclosure). |
Is this handled at Hornsby Local Court?
Usually, no. Consent Orders are family law orders made by the Federal Circuit and Family Court of Australia, not Hornsby Local Court. Hornsby is relevant because Caspian Legal is based locally and assists clients across the Hornsby and Upper North Shore area.
Applications are generally filed through the Commonwealth Courts Portal. In limited circumstances, filing may occur through a Court registry if online filing isn’t available or appropriate.
Consent Orders vs parenting plans vs financial agreements
| Option | Legally binding? | Court approval needed? | Common use | Key risk |
| Consent Orders | Yes, once made | Yes | Parenting, property, maintenance, superannuation | Must be drafted properly and approved |
| Parenting plan | Not enforced the same way as a court order | No | Flexible parenting arrangements | May not protect you if a dispute arises later |
| Financial agreement | Yes, if validly made | No | Property, financial, maintenance | Strict statutory requirements, including independent legal advice |
A parenting plan can still be legally significant in later parenting proceedings, but it isn’t enforced the same way as a parenting order. A financial agreement doesn’t need Court approval but must meet strict validity requirements under the Family Law Act 1975 (Cth) — if it doesn’t, it can be challenged.
When should Consent Orders be considered?
- Parenting arrangements need to be recorded clearly
- A property settlement needs to be finalised
- Real estate transfers, refinancing or mortgage discharge is involved
- Superannuation splitting is required
- Spousal or de facto maintenance is agreed
- You want a legally enforceable arrangement
- You want to reduce the risk of future disagreement about what was agreed
Are there time limits?
| Relationship type | General time limit |
| Married couples | Within 12 months after the divorce becomes final |
| De facto couples | Within 2 years after the end of the de facto relationship |
If you’re outside this window, you’ll need the Court’s leave (permission) to proceed, or the other party must consent to the application proceeding out of time. For married couples, a property application can generally be filed after separation and before divorce — you don’t need to be divorced first.
Time limits may apply — don’t wait to get advice if you’re approaching either deadline.
Current filing requirements to watch
| Requirement | Practical point |
| Signed proposed orders in PDF | Must reflect the orders being sought, signed by both parties |
| Unsigned Word (.docx) version of the proposed orders (required from 31 October 2025) | Must be identical to the signed PDF — no tracked changes, locking, images or macros |
| Application for Consent Orders form | Use the current FCFCOA form or kit |
| Supporting documents | May include superannuation information, trustee correspondence, valuation material, proof of de facto relationship, or other documents the current form requires |
| Filing window | Application must be lodged within 90 days of the date of the first signed Statement of Truth |
Because Court filing requirements can change, always check the current FCFCOA form and portal instructions before filing.
Step-by-step: how Consent Orders usually work
| Step | What happens | Why it matters |
| 1. Confirm agreement | Both parties agree on parenting, property, financial or maintenance terms | Consent Orders are based on agreement |
| 2. Identify the legal issues | Parenting, property, superannuation, maintenance and time-limit issues are considered | Missing issues can cause delay or future disputes |
| 3. Exchange disclosure | Each party provides relevant financial information | Full and frank disclosure is central to financial settlements |
| 4. Draft proposed orders | Prepared in clear, complete, enforceable terms | Unclear orders may be requisitioned, refused or hard to enforce |
| 5. Prepare the application | Application and supporting material completed | The Court relies on this to assess the orders |
| 6. File with the Court | Usually via the Commonwealth Courts Portal | Must comply with current FCFCOA requirements |
| 7. Court review | A registrar reviews the material | May be approved, queried, or refused |
| 8. Orders made | If approved, orders become legally binding | Each party must comply |
Documents to prepare before a first consultation
| For property / financial orders | For parenting orders |
| Real estate title details | Existing parenting arrangements |
| Mortgage statements | Proposed living arrangements |
| Bank statements | School and childcare details |
| Superannuation statements | Holiday and travel proposals |
| Tax returns and notices of assessment | Communication arrangements |
| Business records, if relevant | Existing parenting orders, if any |
| Loan and credit card statements | Family violence orders, if any |
| Vehicle details | Any safety concerns |
| Inheritances, gifts or major contributions | Urgent issues affecting the children |
| Draft agreement / messages showing agreed terms | Proposed changeover arrangements |
Common mistakes with Consent Orders
| Mistake | Why it’s risky |
| Assuming agreement means automatic approval | The Court still checks the legal requirements |
| Using vague wording | Orders must be clear enough to follow and enforce |
| Incomplete financial disclosure | Non-disclosure can undermine the settlement |
| Forgetting superannuation trustee requirements | Splitting orders need careful drafting and trustee procedural fairness |
| Treating a parenting plan as a court order | It isn’t enforced the same way |
| Missing limitation periods | Can affect your available options |
| Copying online templates | May not suit your assets, liabilities, children’s needs or Court requirements |
| Filing inconsistent documents | Differences between signed PDF and Word versions can cause requisitions |
What not to do
- Don’t sign proposed orders without understanding their legal and practical effect
- Don’t transfer property without considering timing, refinancing, tax, duty and risk
- Don’t conceal assets, debts, income, superannuation or financial resources
- Don’t assume an equal split is automatically just and equitable
- Don’t rely on a verbal agreement alone
- Don’t ignore family violence, coercive control, financial abuse or safety concerns
- Don’t use outdated Court forms
- Don’t file proposed orders with tracked changes or mismatched PDF/Word versions
- Don’t wait until after a time limit has expired to raise property or maintenance issues
Property settlement changes from 10 June 2025
From 10 June 2025, the Family Law Amendment Act 2024 (Cth) changed how the Court approaches property and financial matters. The Attorney-General’s Department describes the framework as requiring courts to:
- identify the parties’ existing legal and equitable rights and interests in property and liabilities;
- assess each party’s contributions;
- consider current and future circumstances;
- consider the economic effect of family violence, where relevant; and
- make orders only where it is just and equitable to do so.
A property Consent Order shouldn’t simply list who gets what — it should be supported by accurate financial disclosure and be capable of being understood as a just and equitable outcome.
Parenting Consent Orders and the child’s best interests
The Court treats the best interests of the child as the paramount consideration, looking at matters including:
- the child’s safety and the safety of their carers
- developmental, psychological, emotional and cultural needs
- each proposed carer’s capacity to meet those needs
- the benefit of relationships with parents and significant others, where safe
- the child’s views, where relevant and appropriate
- for Aboriginal and Torres Strait Islander children, the right to enjoy their culture and the support needed to connect with it
Orders should be practical, specific and safe — covering time arrangements, communication, holidays, schooling, travel, changeovers and decision-making.
Superannuation splitting in Consent Orders
Superannuation can be dealt with in Consent Orders but needs careful handling:
- identify the correct fund and member
- obtain current superannuation information and, where required, a valuation
- give the trustee procedural fairness (generally at least 28 days’ written notice before filing)
- use wording the fund can administer
- ensure the final orders match the intended settlement
A super split doesn’t usually mean an immediate cash payment — it’s implemented within the superannuation system under the relevant legislation and fund rules.
What happens in a first consultation with Caspian Legal?
- Review your proposed agreement
- Identify any missing parenting, property, superannuation or maintenance issues
- Consider whether the agreement is workable
- Identify legal and practical risks
- Explain the filing process and next documents
- Recommend clearer or safer drafting where wording is uncertain
- Discuss your options before anything is signed or filed
Caspian Legal Pty Ltd Level 1, 22–28 Edgeworth David Avenue, Hornsby NSW 2077
Phone: 02 7264 3200
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Frequently asked questions
Do I need to go to Court for Consent Orders? Usually no — applications are generally assessed on the papers, without a hearing. The Court may still request more information, require amendments, or refuse orders that don’t meet the legal requirements.
Are Consent Orders legally binding? Yes. Once made by the Court, they’re court orders and legally binding.
Can Consent Orders cover both children and property? Yes, in the same application, provided it’s properly prepared.
Can Consent Orders be made before divorce? Yes — property Consent Orders can generally be sought after separation and before divorce. Once a divorce is final, a 12-month limit applies to property and spousal maintenance applications for married couples.
Can Consent Orders be changed later? Sometimes, and parenting and property orders are treated differently. Parenting orders may be varied by later agreement or further order, subject to the child’s best interests. Final property orders are meant to provide finality and can usually only be set aside in limited circumstances (e.g. fraud, non-disclosure, impracticability).
Is a parenting plan enough? It depends how much certainty you need. A parenting plan offers flexibility but isn’t enforced the same way as a parenting order.
What if there’s been family violence or financial abuse? It may be relevant to both parenting and property issues — safety is central in parenting matters, and the economic effect of family violence may be relevant to property outcomes under the current framework. If there is immediate danger, call 000.
Do I need a lawyer for Consent Orders? Not always as a legal requirement, but Consent Orders can affect parenting arrangements, property rights, debts, superannuation, maintenance and future enforcement — so legal assistance is common. The Court assesses your application; it doesn’t advise you on whether the agreement is a good deal.
Speak with a Consent Orders lawyer in Hornsby
If you and your former partner have reached agreement, properly drafted Consent Orders can formalise it and reduce the risk of future disputes.
Contact Caspian Legal Pty Ltd Phone: 02 7264 3200| Website: caspianlegal.com.au | Book a consultation Office: Level 1, 22–28 Edgeworth David Avenue, Hornsby NSW 2077
External sources
- Family Law Act 1975 (Cth) — Federal Register of Legislation: https://www.legislation.gov.au/Series/C2004A00275
- FCFCOA — How do I apply for Consent Orders: https://www.fcfcoa.gov.au/hdi/apply-consent-orders
- FCFCOA — Practice update, Word document requirement (31 Oct 2025): https://www.fcfcoa.gov.au/news-and-media-centre/updates-profession/consent-orders-1025
- FCFCOA — Commonwealth Courts Portal: https://www.comcourts.gov.au/
- Attorney-General’s Department — Family law changes from June 2025: https://www.ag.gov.au/families-and-marriage/publications/family-law-changes-june-2025-information-family-law-professionals
- FCFCOA — Family law (property) changes from 10 June 2025: https://www.fcfcoa.gov.au/news-and-media-centre/fla-changes/fla2024
Disclaimer
This article is general information only and is not legal advice. Family law outcomes depend on the facts, documents, the parties’ circumstances, and the law and procedure in force at the relevant time. Consent Orders, parenting arrangements, property settlements and financial agreements can have significant legal and practical consequences. You should obtain professional advice about your own situation.
