When relationships break down, many separating couples in NSW reach agreements about property division and parenting arrangements without going to court. While informal agreements might seem simpler and cheaper, they lack legal enforceability and can leave both parties vulnerable if circumstances change or someone changes their mind. This is where consent orders become essential.

Consent orders are formal, legally binding court orders that document the agreements you’ve reached with your former partner. At Complete Legal, we regularly help separating couples in Penrith and Western Sydney formalise their agreements through consent orders, providing certainty and legal protection as they move forward with their new lives.

Understanding when you need consent orders, what they cover, and how to obtain them can save you from costly disputes down the track.

What Are Consent Orders in Family Law?

Consent orders are court orders made by the Federal Circuit and Family Court of Australia that formalise agreements reached between separating parties. Unlike informal agreements, consent orders have the full force of the law behind them.

These orders can cover:

• Division of property and assets
• Financial settlements
• Parenting arrangements for children
• Spousal maintenance
• Superannuation splitting

The key advantage of consent orders is that you don’t need to attend court hearings. The court reviews your agreed terms and, if satisfied they’re fair and appropriate, approves them without requiring you to appear.

Why Informal Agreements Aren’t Enough

Many separating couples make the mistake of relying on informal agreements or handshake deals. While these might work initially, they create significant risks:

No Legal Enforceability

If your former partner changes their mind or refuses to honour the agreement, you have no legal recourse. You would need to start family law proceedings from scratch, potentially losing time and money.

Future Claims Remain Possible

Without consent orders, either party can make a property claim at any time in the future (within certain time limits). This means years after you thought everything was settled, your former partner could take legal action seeking a different division of assets.

Difficulty Proving the Agreement

Verbal agreements or even written notes can be disputed. Without court orders, it becomes your word against theirs about what was actually agreed.

No Protection for New Relationships

If you enter a new relationship or marriage, assets you’ve acquired or inherited could potentially be subject to claims from your previous relationship if you don’t have consent orders finalising the matter.

What Can Consent Orders Cover?

Property and Financial Settlements

Consent orders for property matters typically detail:

• How the family home will be dealt with (sold, transferred, or retained)
• Division of other real estate and investment properties
• Distribution of savings, shares, and other financial assets
• Division of superannuation entitlements
• Responsibility for existing debts
• Who keeps vehicles, household contents, and personal items

Parenting Arrangements

For families with children, parenting consent orders can establish:

• Where children will live (care arrangements)
• How much time children spend with each parent
• Allocation of parental responsibility for major decisions
• Communication arrangements between parents and children
• Arrangements for special occasions and school holidays
• Child support arrangements (though these are usually handled separately through Services Australia)

The Consent Orders Process in NSW

1. Reach Agreement

Before applying for consent orders, you and your former partner must reach agreement on all relevant matters. This can happen through:

• Direct negotiations between yourselves
• Mediation with an accredited family dispute resolution practitioner
• Negotiation between your respective lawyers
• A combination of these approaches

2. Prepare the Application

The application for consent orders must include:

• Application form
• Draft consent orders setting out your agreement
• Supporting affidavits from both parties
• Financial statements (for property matters)
• Certificate of independent legal advice (recommended)

3. Court Review and Approval

The court reviews your application to ensure:

• The orders are just and equitable
• They properly consider all relevant factors
• Parenting orders prioritise the best interests of children
• Both parties understand the agreement
• The orders are properly drafted and legally enforceable

If the court is satisfied, your consent orders are approved and become legally binding. This typically takes several weeks to a few months.

Do I Need a Lawyer for Consent Orders?

While you can technically apply for consent orders without legal representation, professional advice is strongly recommended for several reasons:

Complexity of Property Division

Family law property settlements involve complex considerations including financial and non-financial contributions, future needs factors, and the proper valuation of assets. Without legal advice, you risk accepting an unfair settlement or making an agreement that doesn’t properly protect your interests.

Technical Drafting Requirements

Consent orders must be drafted in precise legal language. Poorly drafted orders can be ambiguous, unenforceable, or fail to achieve what you intended. Professional drafting ensures your agreement is clearly expressed and legally sound.

Independent Legal Advice Requirements

The court strongly encourages both parties to obtain independent legal advice before entering consent orders. This ensures you understand the legal implications of what you’re agreeing to.

Future Enforceability

If disputes arise later, properly drafted consent orders are much easier to enforce. Technical errors in drafting can create enforcement problems down the track.

How Much Do Consent Orders Cost?

The cost of consent orders varies depending on the complexity of your matter and whether legal representation is involved.

Court filing fees currently stand at around $1,351 at the time of writing for property matters and free for parenting matters (fees are subject to change, so check the current rates).

Legal fees for preparing consent orders typically range from $2,000 to $5,000 or more depending on:

• Complexity of asset division
• Number of assets involved
• Whether minor children are involved
• Whether additional negotiations are required
• How clearly the initial agreement is documented

While this might seem expensive, the cost is minimal compared to the potential expense of future disputes or having to commence court proceedings years later because matters weren’t properly finalised.

When Can You Apply for Consent Orders?

For property matters, you can apply for consent orders:

• At any time before divorce if you were married
• Within 12 months of divorce becoming final
• Within two years of separating if you were in a de facto relationship

For parenting matters, there are no strict time limits, but it’s best to formalise arrangements as soon as practical.

Missing these deadlines doesn’t necessarily prevent you from seeking property orders, but you would need the court’s permission to proceed out of time, which adds complexity and expense.

What Happens If We Can’t Agree?

If you and your former partner cannot reach agreement on property or parenting matters, you have several options:

• Attend mediation to work through disagreements
• Seek legal advice about your entitlements and options
• If necessary, commence court proceedings for the court to determine the matter

However, attempting to reach agreement and applying for consent orders is almost always cheaper, faster, and less stressful than contested court proceedings.

Can Consent Orders Be Changed Later?

Once approved, consent orders are legally binding and generally cannot be changed unless:

• Both parties agree to vary the orders (and apply for new consent orders)
• Circumstances have significantly changed since the orders were made
• There was fraud, duress, or material non-disclosure when the orders were made

For parenting orders, changes may be considered if there’s been a significant change in circumstances affecting the child’s best interests.

For property orders, the general principle is that once property matters are finalised by consent orders, they cannot be reopened except in exceptional circumstances.

Protecting Your Interests Through Consent Orders

Consent orders provide legal certainty and protection as you move forward after separation. They prevent future claims, ensure agreements are enforceable, and give both parties peace of mind that property and parenting arrangements are properly settled.

At Complete Legal, our family law team helps separating couples throughout Penrith and Western Sydney prepare and obtain consent orders. We ensure your agreements are fair, properly documented, and legally enforceable.

Need Help with Consent Orders?

Don’t leave your separation agreements to chance. Our experienced family law team can guide you through the consent orders process, ensuring your interests are protected and your future is secure.

Contact us today to discuss your consent orders matter. Call us or book a confidential consultation.