Family Court Consent Orders
Learn more about family court consent orders and arrangements with trusted law firm Cudmore Legal.
What is a Consent Order?
A legally binding agreement outlining property division or child arrangements after separation. It avoids court proceedings while still requiring judicial approval — drafted by legal professionals, signed by both parties, and reviewed by a judge for fairness. A Property Consent Order divides assets, liabilities, property, savings, debts and superannuation. A Parenting Consent Order sets out care arrangements, visitation schedules and financial support. An Interim Consent Order is a temporary court-approved agreement addressing urgent issues while awaiting final resolution.
Key benefits
No court appearance required; you can self-draft (though legal advice is recommended); court approval ensures fairness and protects children's welfare; a single document covers all agreements; potential stamp duty savings on property transfers; prevents future disputes; provides a legal enforcement mechanism; and protects post-separation assets from an ex-spouse's claims.
What the court reviews
Whether both parties obtained legal advice, fairness to both parties, practical enforceability, and whether the order finalises the parties' financial ties.
Filing timeline and variations
Orders should be filed within 12 months of divorce or 2 years after a de facto relationship ends. Court appearance is usually unnecessary if solicitor-drafted and both parties received legal advice. Variations require mutual agreement and fresh court approval, on grounds such as significant changes in circumstances or the children's best interests. Breaching a Consent Order is treated as a court order violation, risking fines and imprisonment.