Consent orders are formal agreements approved by the Family Court that carry the same legal weight as orders made by a judge after a hearing. It is a written agreement between separating parties that has been reviewed and sealed by the court. They can cover both parenting matters (like where children live or how much time they spend with each parent) and financial/property settlements (how assets and debts are divided).

The process is usually simpler and less stressful than going through a contested hearing:

1. Negotiate an Agreement
Parents or ex-partners work together, often with the help of lawyers or through mediation, to reach an agreement on parenting or financial matters.

2. Prepare the Application
The agreement is written up in the correct format (using the Family Court’s forms), outlining exactly what both parties have agreed to.

3. File With the Court
The application is lodged online with the Federal Circuit and Family Court of Australia.

4. Court Review
A registrar (not a judge) reviews the application. If the terms are considered fair, practical, and in the best interests of the children (if children are involved), the orders are approved.

5. Consent Orders Made
Once approved, the agreement becomes a binding court order. There’s no need to attend court in person.

Legally Binding
Unlike a parenting plan or handshake agreement, consent orders can be enforced by the court.

Saves Time
There’s no need for lengthy court proceedings, which can take months (or even years).

Cost-Effective
Fewer court appearances mean lower legal costs.

Reduces Stress
Reaching agreement outside of a heated courtroom helps maintain a more cooperative relationship, which is especially important when children are involved.

Consent orders are a practical and often less stressful alternative to drawn-out court proceedings. They allow separating couples to take control of their own arrangements while still having the security of a legally enforceable order. If you’re considering consent orders, it’s wise to get legal advice to make sure the agreement is fair, practical, and in line with the court’s requirements.