What Is a Financial Consent Order and Do I Need One?
When a couple separates, there are often questions about how to formalise arrangements for property, finances or children. You may have heard of something called a financial Consent Order - but what exactly is it, and why might it matter for you?
This blog breaks down what a consent order is in plain English, explains who needs one, and explores the key benefits. If you’re looking for clarity, protection, and peace of mind after separation, this guide is for you.
What Is a Consent Order?
A consent order is a legal document approved by the Federal Circuit and Family Court of Australia that records an agreement made between two people who have separated. It can cover property settlement, financial arrangements, and parenting matters. Once made, it becomes legally binding and enforceable - just like a court order made by a judge.
The key difference is that a consent order is made by agreement, not through a court battle. That means both parties consent to the terms in writing and ask the court to formalise the agreement without having to attend a hearing.
What Can a Consent Order Cover?
There are two main types of consent orders:
Property and Financial Orders
These divide assets, debts, superannuation, and spousal maintenance between the parties.
Parenting Orders
These outline who the children live with, how much time they spend with each parent, and how each parent will make decisions about their care.
You can apply for either one or both, depending on your situation.
Who Needs a Consent Order?
You may need a consent order if:
You and your ex-partner have reached an agreement and want it to be legally binding.
You want to protect yourself from future disputes.
You want certainty and peace of mind about property division or parenting arrangements.
You want to avoid court but still ensure your agreement is enforceable.
Even if your separation is amicable, a consent order helps safeguard your future by preventing either party from changing their mind later or making further claims.
Is a Verbal Agreement Enough?
No. Verbal or informal agreements are not legally binding. Even written agreements, unless made into a consent order or binding financial agreement, cannot be enforced by a court.
This means if your ex-partner later changes their mind, you could find yourself facing fresh negotiations - or worse, legal action.
Why Is a Consent Order So Important?
Let’s explore the main benefits of getting a consent order:
1. Enforceability
Once approved by the court, a consent order has the same legal weight as any other court order. If one party breaches the order, the other can ask the court to enforce it.
2. Peace of Mind
Knowing your agreement is locked in and legally secure gives both parties confidence and clarity. You can move forward without worrying that arrangements will change unexpectedly.
3. Avoiding Future Disputes
A consent order helps reduce the risk of conflict later on. It sets clear expectations about financial matters or parenting arrangements and reduces the chance of future disagreements.
4. No Court Hearings
Because both parties agree on the terms, there is no need to go to court in person. Your application is assessed by a registrar and, if it meets legal requirements, approved without a hearing.
5. Time and Cost Savings
Compared to drawn-out litigation, consent orders are a cost-effective and timely solution. With the right legal guidance, most applications can be prepared and filed efficiently.
How Do I Get a Consent Order?
The process usually involves the following steps:
Reach an Agreement
Both parties need to agree on all terms - whether relating to property, finances or children.
Get Legal Advice
Legal advice is crucial to ensure the agreement is fair and meets the court’s requirements.
Draft the Orders
Your lawyer will prepare two key documents:
Application for Consent Orders (a summary of your agreement and financial details)
Minutes of Consent Orders (the legal document outlining what you are asking the court to approve)
File with the Court
The documents are submitted online to the Federal Circuit and Family Court of Australia.
Court Approval
A registrar reviews the application. If the agreement is considered fair and in the best interests of the children (if parenting orders are included), the orders are approved and sealed by the court.
How Much Does It Cost?
At Martens Legal, we offer fixed-fee pricing for consent orders, so you know exactly what to expect. Costs will vary depending on the complexity of your situation and whether parenting, property, or both types of orders are involved.In addition to legal fees, a filing fee is payable to the court (currently $205). This may be reduced in some cases based on financial hardship.
When Should I Apply for a Consent Order?
It’s best to apply as soon as you have reached agreement. There are also time limits to be aware of:
Married couples must apply within 12 months of divorce.
De facto couples must apply within 2 years of separation.
If you miss the deadline, you may need special permission from the court to file late.
What If We Cannot Agree?
If you and your ex-partner are not yet in agreement, mediation or negotiation through lawyers may help. At Martens Legal, we can guide you through the process and help you work towards a fair and amicable outcome.
Final Thoughts
Consent orders are a powerful legal tool to help you move forward after separation with confidence. They protect your rights, provide peace of mind, and reduce the risk of future conflict - without stepping foot in court.At Martens Legal, we specialise in amicable legal solutions and support you every step of the way. If you’re ready to secure your future, get in touch for a free consultation.
FAQ
Q: Do I need to go to court to get a consent order?
A: No. You submit the application online, and the court usually approves it without requiring you to attend in person.
Q: Can we get a consent order without using lawyers?
A: You can technically apply without lawyers, but we strongly recommend getting legal advice—especially for property settlements—to make sure your agreement is legally sound and fair.
Q: What if my ex does not follow the consent order?
A: You can apply to the court to enforce the order. Because it is legally binding, the court has the power to intervene.
Q: Is a consent order the same as a binding financial agreement?
A: No. Both can deal with property settlement, but they are different legal instruments. A consent order is approved by the court, while a binding financial agreement is a private contract between the parties with strict legal requirements.
Q: Can someone change a consent order later?
A: Only if both parties agree, or in rare circumstances where a significant change in circumstances has occurred. Otherwise, it remains binding.
Ready to take the next step?
Contact Martens Legal today to find out how we can help you turn your agreement into a legally binding consent order - with clarity, support and care from start to finish.
Let’s simplify the process and protect what matters most.