How to Apply for an Application for Consent Orders

If you’re looking to get Consent Orders in Australia, here’s an easy-to-follow guide:

  1. Agreement: First, you and the other party must agree on the terms. This could involve property, finances, or children.
  2. Legal Advice: Getting legal advice is crucial to ensure your agreement is fair and covers all necessary aspects. A lawyer can help you understand your rights and obligations.
  3. Drafting Orders: Draft the consent orders with the help of your lawyer. These legal documents outlining the agreed terms need to be submitted to the Court.
  4. Filing Documents: Lodge the Consent Orders and other required documents with the Family Court. This involves completing specific forms and paying a filing fee.
  5. Court Approval: The Court will review your documents to ensure they are in the best interests of everyone involved. If everything is in order, the Court will approve the Consent Orders.
  6. Sealing Orders: Once approved, the Court will “seal” the orders, making them legally binding. Both parties will receive a copy of the sealed orders.

Remember, seeking legal advice is crucial to ensure everything is done correctly.

application for consent orders

Application for Consent Orders Kit:


You can download an Application for Consent Orders Kit from the Federal Circuit and Family Court of Australia webpage. The kit can be accessed here.


The forms that need to be completed include: 

  • Application for Consent Orders Form. This form provides administrative details for each person, details of the children (for parenting matters) or assets and debts (for property matters), and brief details about the agreement reached.
  • Terms of Settlement (or Minute of Orders). This document sets out all the details of your agreement. We recommend that a lawyer assist you in drafting it to ensure it is prepared correctly and includes all the required information.
  • Notice of Risk (for Parenting Matters). This form is required for parenting matters and provides details about any family violence or behaviour of either parent.
  • Affidavit of Procedural Fairness (for property matters). If your agreement includes a superannuation splitting payment, an Affidavit confirming that the Trustee of the relevant superannuation fund consents to the draft Terms of Settlement will need to be filed.

You can find more information about consent orders here


Will I need to go to Court to apply for Consent Orders?


Generally, no.

If no proceedings are before the Court and you file an Application for Consent Orders, neither person usually needs to attend Court. Once filed, your Application will be reviewed by a Registrar in chambers.

Suppose the Federal Circuit and Family Court have any questions about the terms of your agreement. In that case, the Court may write to you and the other person involved and ask you to reply in writing to their concerns.

Our legal team can provide detailed advice specific to your circumstances to ensure your Application for Consent Orders is adequately prepared.



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