If you have separated and reached an agreement about your children or your property, a consent order is one way to make that agreement legally binding. This guide explains what consent orders are, what they can and can’t cover, the time limits that apply, and how the application process works in New South Wales. It is general information, not legal advice. If you want help preparing an application, see our consent orders service.
Key takeaways
Consent orders are court orders that make a parenting or property agreement legally enforceable.
- Time limits apply, and they differ for married and de facto couples.
Most applications are decided “on the papers” without anyone attending court.
Some situations complex assets, family violence, or risk to a child usually need legal advice.
What a consent order is
A consent order is a written agreement that the Federal Circuit and Family Court of Australia (FCFCOA) approves and turns into a court order. Once made, it is legally binding and enforceable, just like an order a judge makes after a hearing. The difference is that both people have agreed to it in advance, so a contested hearing is usually avoided.
Consent orders can deal with parenting arrangements, property and financial matters, or both at once. You apply by filing an Application for Consent Orders together with the proposed orders you want the Court to make.
Are consent orders legally binding?
Yes. Because a consent order is a court order, there can be legal consequences if a party does not comply. This is the main reason couples choose consent orders over an informal, “handshake” agreement, an informal agreement is much harder to enforce.
Time limits for consent order applications
There is generally a window in which an application should be started:
Married couples: generally within 12 months of a divorce order taking effect.
De facto couples: generally within 2 years of the date of separation.
Applying after the deadline is possible only with the Court’s permission (called “leave”), which is granted in limited circumstances. The rules can be more complicated than they first appear see our detailed guide on the property settlement time limit after separation.
What parenting consent orders cover
Parenting consent orders set out the arrangements for a child. They commonly deal with:
Parental responsibility who makes the major long-term decisions about the child, such as their education, health care, and religious or cultural upbringing.
Day-to-day care where the child lives and the time they spend with each parent. This might be a shared-care arrangement or primary care with one parent and scheduled time with the other.
When considering parenting orders, the Court treats the child’s best interests as the paramount consideration. If you want to understand these arrangements in more depth, see our parenting matters page.
What property consent orders cover
Property (financial) consent orders let a couple turn their agreed division of assets, liabilities and financial resources into a binding order. The key point for consent orders is that the Court must still be satisfied the proposed division is just and equitable before approving it agreement between the parties is not, on its own, enough. The Court can decline to make an order it does not consider just and equitable, and both parties have a duty of financial disclosure.
For a full explanation of how property is divided under the current law (including the changes in effect from 10 June 2025 and the disclosure obligations), see our guide to family law property settlement in NSW. Financial support such as spousal maintenance can be included in property orders. Child support is generally dealt with separately under the Child Support (Assessment) Act 1989.
Applying for consent orders: the steps
The process generally follows these steps:
Reach agreement for both people agree on the parenting arrangements and/or how property will be divided.
Prepare the documents for the application for Consent Orders and the proposed orders are drafted. The application has specific drafting and filing requirements, so the wording matters.
Filing applications are generally lodged through the Commonwealth Courts Portal, where the FCFCOA accepts most applications. A filing fee usually applies unless you qualify for an exemption; the eligibility criteria are set out on the FCFCOA website.
Court review is for a registrar reviews the application. For property orders, they check the proposed division is just and equitable; for parenting orders, that it is in the child’s best interests.
How long do consent orders take?
Processing times vary with the Court’s workload, so check the FCFCOA website for current timeframes. Consent order applications are usually decided “on the papers” that is, without the parties attending court although this can depend on your particular matter.
Do you need a lawyer for consent orders?
You are not required to use a lawyer. However, because the orders are legally binding and the application must be drafted correctly, many people get advice before filing particularly where the orders deal with property. A family lawyer can help make sure the orders say what you intend and are likely to be approved.
When to get legal advice
Some situations are higher-risk and usually benefit from advice from a family law team, including:
Complex property are Assets such as investment properties, trusts, superannuation interests and business interests can be difficult to value and divide.
Family violence, or concerns about child abuse or risk. These sensitive matters often need careful, tailored advice.
Conclusion
Consent orders are a practical way to make a parenting or property agreement legally enforceable, usually without a contested court hearing. The agreement still has to meet the legal tests best interests for children, and just and equitable for property and the application has to be prepared correctly. For many couples, that makes it worth getting advice before filing.
Need help applying for consent orders?
Bateys Law Firm can help you prepare and lodge consent orders for parenting and property matters. Learn more about our consent orders service, or contact us to arrange a consultation.
Disclaimer: This article provides general information only. It is not legal advice. Family law outcomes depend on your individual circumstances. You should speak with a family lawyer before making decisions about your matter.
Bruce Batey
Bruce Batey is a Director of Bateys Law Firm, specialising in Family Law, Wills and Estate Planning. Known for his compassionate, client-focused approach, he is passionate about protecting families against the unexpected and delivering the best possible outcomes in a caring, professional environment.
Bruce is a past President of the Bankstown and District Branch of the Law Society and a former White Ribbon ambassador. In his spare time, he is a member of the NSW Fire and Rescue Band, where he plays cornet, and enjoys reading and listening to classical music.
