What Are Consent Orders?

Consent orders are court orders that both parties have agreed to. They're legally binding and enforceable.

Why Use Consent Orders?

- Enforceable: If breached, you can go back to court

Final: Very difficult to change later

Stamp duty exemption: May save thousands on property transfers

Legal certainty: Clear rights and obligations

The Application Process

Step 1: Reach Agreement

Both parties must agree on all terms. No agreement = no consent orders.

Step 2: Draft the Orders

Orders must be in the correct format:

Clear and specific

Cover all assets and liabilities

Deal with superannuation if being split

Include any parenting arrangements (if applicable)

Step 3: Complete Application

Use the Application for Consent Orders form. Include:

Proposed orders

Draft minute of consent

Financial statements (if required by the court)

Step 4: File and Pay

File at the Federal Circuit and Family Court. Pay the filing fee ($185).

Step 5: Court Review

A Registrar reviews the application. They check whether the orders are:

"Just and equitable" (fair in all the circumstances)

Properly drafted

In the children's best interests (if parenting orders included)

Step 6: Orders Made (or Queries)

If satisfied: Orders made (usually within 6-12 weeks)

If queries: Registrar may ask for more information

What the Court Looks For

Just and Equitable

The court must be satisfied the property division is fair. This doesn't mean 50/50 - it means appropriate given contributions and future needs.

Reasonable Basis

The court needs to see that the agreement has a reasonable basis. They won't approve obviously unfair settlements.

Not Against Public Policy

The orders can't encourage illegal activity or be against public interest.

Common Mistakes

- Vague or ambiguous terms

Missing assets

Not dealing with super properly

Incorrect property descriptions

Not including release clauses

DIY vs Solicitor

DIY Possible When:

- Simple asset pool

Clear agreement

No super splitting

You understand the process

Use a Solicitor When:

- Complex assets (businesses, trusts)

Super splitting involved

Parenting matters included

You're unsure about anything

Sample Clause Structure

A typical consent order might include:

1. Within X days, party A pay party B $XX 2. Property at [address] vest solely in Party A 3. Party A refinance mortgage in their sole name 4. Party B do all things necessary to transfer 5. All other property each party retains 6. Parties release each other from further claims

Consent Orders for Property: Complete Guide