Visit Our
Main Site
Click Here
What Is a Divorce Consent Order and How Does It Work in Queensland?
Separating from a partner is stressful enough without wondering whether your property split or parenting arrangement will actually hold up. This is where a divorce consent order comes in. It is the legal tool that turns a private agreement between you and your former partner into a binding court order, without the cost, delay and […]
What Is a Divorce Consent Order and How Does It Work in Queensland?
Separating from a partner is stressful enough without wondering whether your property split or parenting arrangement will actually hold up. This is where a divorce consent order comes in. It is the legal tool that turns a private agreement between you and your former partner into a binding court order, without the cost, delay and conflict of a contested court hearing.
At Aylward Game Solicitors, our Brisbane, Gold Coast and Sunshine Coast family law team helps separating couples finalise property, parenting and financial matters every week. Ian Field, an Accredited Specialist Family Lawyer and Partner at Aylward Game, has spent close to two decades guiding clients through this exact process.
Below, we break down everything you need to know about divorce consent orders in Australia, including the law behind them, what they cost, how long they take, and when you actually need one.
Protect Your Rights, Preserve Your Peace
Contact Our Accredited Family Law Specialists.
What Is a Consent Order?
A consent order is a written agreement between separated partners that the Federal Circuit and Family Court of Australia (FCFCOA) has approved and sealed. Once approved, it carries the same legal weight as an order made by a judge after a full contested hearing, but without either party needing to set foot in a courtroom.
Consent orders in family law generally fall into two categories:
- Financial consent orders: covering property, superannuation, savings and debts.
- Parenting consent orders: covering where children live, who they spend time with, and how decisions about their welfare are made.
You can apply for one or both types in the same application. A divorce consent order specifically refers to consent orders finalised in connection with, or following, a divorce. However, as we explain below, you do not actually need to be divorced to apply.
Consent Orders vs Court Orders
People often use “consent order” and “court order” interchangeably, but they are reached through very different paths.
| Aspect | Consent Order | Court Order (Contested) |
| How it’s reached | Both parties agree on the terms in advance | A judge or registrar decides after hearing evidence from both sides |
| Court attendance | Not required; reviewed administratively | Required, often across multiple hearings |
| Time to finalise | Typically four to eight weeks | Often twelve months or longer, sometimes years |
| Cost | Filing fee plus drafting costs | Filing fees, hearing fees, and significantly higher legal costs |
| Legal weight once made | Identical; both are enforceable orders of the FCFCOA | Identical; both are enforceable orders of the FCFCOA |
| Level of control | Both parties shape the outcome | The judge determines the outcome; neither party controls it |
Family Court Consent Orders: Property and Parenting Matters
Family court consent orders are made under the Family Law Act 1975 (Cth). For married couples, property settlement orders are made under section 79, which allows the court to alter the interests of the parties in their property if it is satisfied that doing so is just and equitable. For de facto couples, the equivalent power sits under section 90SM of the same Act.
Parenting consent orders are governed by Part VII of the Family Law Act, with the court required to treat the best interests of the child as the paramount consideration under section 60CC. This means that even where both parents agree on care arrangements, a registrar reviewing your consent orders family law application must still be satisfied that the arrangement genuinely serves the children involved.
Because the registrar is assessing your agreement against these legislative tests rather than simply rubber stamping it, poorly drafted orders are commonly rejected or queried, which is why many separating couples in Brisbane, the Gold Coast and the Sunshine Coast choose to have their documents prepared by an accredited family lawyer rather than relying solely on a generic consent order template.
Divorce With Consent Order vs Divorce Without Consent Order
| Aspect | Divorce Without Consent Order | Divorce With Consent Order |
| Property and assets | Remains legally unresolved; the house, savings and other assets are not formally divided. | Formally divided and recorded in a court-sealed order. |
| Superannuation | No binding division; each party’s super stays in their own name unless separately agreed. | Can be split by a specific percentage or dollar amount under the order. |
| Parenting arrangements | No legal record of where children live or how time is shared. | Clearly set out and enforceable by the Court. |
| Future property claims | Either party can bring a fresh property claim later, even years after separation, particularly if assets grow in value or a new relationship or inheritance changes the picture. | Very difficult to bring a new claim once orders are sealed. |
| Certainty and finality | Ongoing risk and uncertainty for both parties. | Legal certainty, with the matter treated as finalised. |
| Enforceability | Nothing to enforce; disputes may end up in contested court proceedings. | Enforceable by the Court if either party fails to comply. |
Financial Consent Order Before, During or After Divorce
You do not need to wait for your divorce to be finalised to apply for a financial consent order for divorce matters. In fact, a financial consent order without divorce already granted is entirely valid, and many separating couples formalise their property settlement well before they apply for divorce.
However, once a divorce order takes effect, time limits apply. Under section 44 of the Family Law Act, married couples have 12 months from the date their divorce becomes final to file for property or maintenance orders. De facto couples have 24 months from the date of separation.
If you are applying for a financial consent order after divorce and this window has closed, you will need the court’s permission (leave) to proceed out of time, which adds cost and uncertainty to a matter that could otherwise have been resolved simply.
This is one of the most common and costly mistakes we see. If you have separated, even amicably, it is worth getting advice on your consent order for divorce sooner rather than later.
Protect Your Rights, Preserve Your Peace
Contact Our Accredited Family Law Specialists.
What Does a Divorce Consent Order Look Like?
People searching for a consent order template or a divorce consent order form are usually trying to understand what the paperwork actually involves. An application has two core parts:
- The Application for Consent Orders: a form setting out both parties’ financial circumstances, superannuation, and (if relevant) parenting arrangements, so the registrar can assess whether the agreement is just and equitable.
- The proposed orders: numbered paragraphs setting out precisely what each party agrees to, such as transferring the family home, splitting superannuation, or paying a lump sum by a certain date.
Both documents must be signed and dated by each party. The Court’s official do-it-yourself kit and template are available through the FCFCOA, and while it is legally possible to draft your own orders, the wording needs to anticipate practical issues, such as what happens if a party refuses to sign a transfer document or cannot refinance a mortgage in their own name. This is where an experienced family lawyer earns their fee, by drafting orders that hold up in practice, not just on paper.
How Long Do Consent Orders Take in QLD?
Once filed, a registrar generally reviews an Application for Consent Orders within four to eight weeks, though timeframes can vary depending on registry workload across Brisbane, the Gold Coast and the Sunshine Coast.
If the registrar has questions about whether the proposed orders are just and equitable, they will issue a requisition, a written request for further information, which extends the timeline until it is answered. Well-drafted applications with full financial disclosure from the outset are far less likely to be delayed by a requisition.
Amicable Divorce With Consent Order: Why It Matters
For couples who have reached agreement without a drawn-out dispute, an amicable divorce with consent order is usually the fastest, most cost-effective and least stressful path to finality. There is no need to attend court, and in most cases only one party needs to formally instruct a solicitor to draft the documents, provided both parties obtain independent legal advice before signing.
A Note on Terminology
If you have searched for a consent order to withdraw a divorce petition, it is worth knowing that Australian family law does not use the term petition. That terminology belongs to the divorce process in England and Wales.
In Australia, you file an Application for Divorce with the FCFCOA, and separately, an Application for Consent Orders to formalise property or parenting matters. Understanding this distinction matters if you are researching your options, since procedures, forms and timeframes differ significantly between jurisdictions.
Why Work With an Accredited Specialist
Ian Field, Partner at Aylward Game Solicitors, is an Accredited Specialist Family Lawyer with extensive experience in negotiation, mediation and drafting consent orders for clients across Brisbane, the Gold Coast and the Sunshine Coast.
Ian is a member of the Family Law Practitioners Association of Queensland and has completed specialist training as an Independent Children’s Lawyer, giving him a thorough understanding of how registrars assess parenting arrangements.
Whether you are seeking a straightforward financial consent order, a combined property and parenting application, or advice on whether a consent order or binding financial agreement suits your circumstances, our team can guide you through the process from first consultation to sealed orders.
Frequently Asked Questions
How much does a consent order cost in Australia?
Court filing fees for an Application for Consent Orders are set by FCFCOA regulations and change periodically, so it is worth confirming the current fee before filing. Legal fees for drafting vary depending on complexity, and Aylward Game can provide a clear quote after an initial consultation.
What happens after a consent order?
Once approved, the orders are sealed and become legally binding and enforceable by the Court. Property must be transferred, superannuation split, or care arrangements followed according to the exact terms set out, and either party can apply to enforce them if the other fails to comply.
Can you do your own consent orders?
Yes, the FCFCOA provides a do-it-yourself kit and template. However, poorly worded orders are frequently rejected or queried by registrars, so many people choose to have a family lawyer draft or review their documents before filing.
Can the court reject a consent order?
Yes. If a registrar is not satisfied that property orders are just and equitable, or that parenting orders serve the children’s best interests, the application can be rejected, and you will need to revise and resubmit your proposed orders.
What is a 70/30 split divorce in Australia?
This refers to an unequal property division, such as 70 per cent to one party and 30 per cent to the other. Australia has no fixed formula. Splits depend on contributions, future needs and circumstances assessed individually under section 79 or section 90SM.
What is the cheapest way to divorce in Australia?
An uncontested, amicable divorce with agreed consent orders is typically the most cost-effective path, since it avoids court hearings, extended negotiations and litigation costs. Filing jointly and reaching early agreement on property and parenting also reduces overall legal fees.
How long do consent orders take in QLD?
Most applications are reviewed by a registrar within four to eight weeks of filing, provided all required financial disclosure and documentation is complete. A requisition for further information will extend this timeframe until resolved.
Can you provide some examples of consent orders in Australia?
Common examples include transferring the family home to one party, splitting a superannuation interest, setting a timetable for a lump sum payment, and parenting orders detailing where children live and how time is shared between parents.
Are consent orders binding?
Yes. Once sealed by the Court, consent orders have the same legal force as orders made after a contested hearing, and can only be changed or set aside in limited circumstances recognised under the Family Law Act.
Get Advice From Aylward Game Solicitors
If you are separating and need to formalise a property settlement or parenting arrangement, do not leave it to an informal handshake agreement. A properly drafted divorce consent order gives both parties certainty and protects you from future claims.
Speak with Ian Field and the family law team at Aylward Game Solicitors, serving Brisbane, the Gold Coast and the Sunshine Coast. Call 07 3236 0001 today to arrange a consultation and take the first step toward a properly documented, legally binding outcome.
Protect Your Rights, Preserve Your Peace
Contact Our Accredited Family Law Specialists.
Read more related topics:
Property Settlement After Divorce in Australia
SHARE THIS