Consent Orders NSW — How to File Without a Lawyer

Consent orders are the most common way separating couples in NSW formalize their property settlement. They're a court-approved agreement that makes your asset division legally binding and enforceable — and you don't need a lawyer to file them.

The process is straightforward if you follow the sequence correctly. Get it wrong, and your application gets rejected and you start over.

What Consent Orders Actually Are

Consent orders are court orders made by agreement rather than by a judge after a contested hearing. You and your former partner agree on how to divide property, superannuation, and debts, then submit that agreement to the Federal Circuit and Family Court of Australia (FCFCOA) for approval.

Once a registrar seals the orders, they have the same legal force as orders made after a full trial. Either party can enforce them through the court if the other side doesn't comply.

The Filing Fee

The current FCFCOA filing fee for an Application for Consent Orders is $215. This applies whether you're dividing property only, dealing with parenting arrangements only, or covering both in a single application. There's no reduced fee for consent orders — the concession rate that applies to divorce applications doesn't extend here.

The 90-Day Execution Window

This catches more self-represented filers than any other rule. Both parties must sign their Statements of Truth on the consent order application. From the date the first person signs, you have exactly 90 days to lodge the application with the court. Miss that window and you need fresh signatures, fresh financial statements, and potentially updated valuations.

Step-by-Step Filing Process

1. Agree on the split. Before touching any court forms, both parties need to reach agreement on the full division — real property, bank accounts, vehicles, superannuation, debts, and any spousal maintenance. Build a joint balance sheet listing every asset and liability with current values.

2. Prepare financial disclosure. Both parties must provide full and frank disclosure. This means current bank statements, superannuation statements, tax returns, property valuations, business financials if applicable, and a complete list of debts. The court will reject orders if the financial picture looks incomplete.

3. Draft the orders. Write the proposed orders in clear, specific language. Each order should be a numbered paragraph stating exactly what happens — who gets which asset, who assumes which debt, the percentage split for superannuation, transfer dates, and any spousal maintenance terms.

4. Complete Form 11 — Application for Consent Orders. This is the court's prescribed form. It includes the proposed orders and a section where both parties declare their financial circumstances. Each party completes their own financial statement within the form.

5. Both parties sign. Each person signs their Statement of Truth. The 90-day clock starts when the first signature goes down.

6. Lodge with the FCFCOA. File electronically through the Commonwealth Courts Portal or in person at the Sydney registry. Pay the $215 filing fee.

7. Registrar review. A registrar (not a judge, in most cases) reviews the application. They check whether the proposed orders appear just and equitable given the disclosed financial circumstances. This typically takes 4–8 weeks.

8. Orders sealed or rejected. If approved, the registrar seals the orders and they become legally binding. If rejected, you'll receive reasons and need to amend and resubmit.

Common Rejection Reasons

The FCFCOA rejects consent order applications when:

• Financial disclosure is incomplete or uses outdated figures
• The proposed split appears significantly unjust to one party
• The orders are ambiguous or unworkable (e.g., directing a property transfer without specifying who pays transfer costs)
• Superannuation splitting orders don't comply with procedural fairness requirements — the super fund trustee must receive 28 days' notice before filing
• The application was lodged outside the 90-day window

What the Orders Should Cover

A comprehensive set of property consent orders addresses:

• Real estate: Who keeps it, or order for sale, with division of proceeds specified
• Superannuation: Interest splitting orders with the fund identified and the split amount or percentage specified
• Bank accounts and investments: Specific accounts and who retains them
• Vehicles and personal property: Assignment to each party
• Debts: Who assumes responsibility for each liability
• Spousal maintenance: Whether maintenance is payable, the amount, duration, and whether it's a lump sum or periodic
• Mutual release: A clause releasing each party from further property claims

Do You Need a Lawyer?

Legally, no. The FCFCOA explicitly allows self-represented litigants to file consent orders. The $215 filing fee is the only mandatory cost.

Practically, having a lawyer draft or review your orders reduces the risk of rejection and ensures the language is enforceable. A lawyer review typically costs $500–$1,500 for straightforward property consent orders.

The NSW Divorce Financial Split Guide provides the worksheets and templates to build your financial disclosure, calculate your asset pool, and draft consent orders that pass the court's just-and-equitable test on the first submission.

See more New South Wales guides →