Consent Orders for Property Settlement: Filing, Fees, and What the Court Actually Checks

You and your ex have agreed on how to split everything. Now you need that agreement to be legally binding — not just a handshake or a signed piece of paper, but something with the force of a court order behind it. That's what consent orders do.

Consent orders are the most common way Australian couples formalize their property settlement without going to trial. You draft the terms, file them with the Federal Circuit and Family Court (FCFCOA), and a registrar reviews them in chambers. No court appearance. No cross-examination. If the registrar is satisfied the orders are "just and equitable," they stamp them with a court seal and they become legally enforceable.

The Filing Process Step by Step

1. Draft the proposed orders. You need two documents: the Application for Consent Orders and the Proposed Minutes of Order. The proposed orders must specify exactly who gets what — property, superannuation, debts, and any spousal maintenance. The court requires the documents in both PDF and unlocked, macro-free Word (.docx) format.

2. Complete the financial declarations. Both parties must sign a declaration of their financial circumstances. This is not the full Financial Statement form required in contested proceedings — it is a shorter declaration within the consent order application itself. However, it must be truthful and reasonably comprehensive. Deliberately omitting assets can void the orders years later.

3. File via the Commonwealth Courts Portal. The application is submitted electronically through the 24/7 online portal at comcourts.gov.au. In Tasmania, filings are processed through the Hobart or Launceston registry of the FCFCOA.

4. Pay the filing fee. The current consent orders filing fee is A$215 (as of July 2026). This is a flat fee with no concession reductions — unlike divorce applications, there is no reduced rate for low-income applicants.

5. Wait for the registrar's review. A registrar reviews the application in chambers (no hearing required). If the terms are considered just and equitable, they issue sealed consent orders. This typically takes 4-8 weeks, though complex applications or those requiring amendments take longer.

What the Registrar Actually Checks

The registrar is not rubber-stamping your agreement. They assess whether the proposed division is "just and equitable" under Section 79 of the Family Law Act 1975. Key things they look for:

• Is the split grossly unfair to one party? An 95/5 split with no apparent justification will trigger scrutiny.
• Are superannuation splitting orders properly drafted? If you are splitting super, the draft orders must have been served on the fund trustee at least 28 days before filing, and the trustee's response must be included.
• Are the terms clear and enforceable? Vague clauses like "the parties will divide household items fairly" get rejected. Every item must be specifically allocated.
• Is there a reasonable factual basis for the agreement? The financial declarations must support the division.

Common Reasons for Rejection

Consent orders get sent back more often than people expect. The most frequent issues:

• Word documents are locked, contain macros, or use tracked changes — the court requires clean, editable .docx files
• Superannuation orders lack the 28-day trustee notification — if you're splitting super, the trustee must have been given at least 28 days' notice before filing
• The proposed orders don't cover all assets and debts — the court wants a comprehensive division, not a partial one
• Property transfer clauses don't specify the mechanism — the orders should state how transfers will be executed (e.g., through PEXA for real property)

Consent Orders vs Binding Financial Agreements

Both make a property split legally binding, but they work differently:

For most separating couples with a straightforward asset pool, consent orders are cheaper and more straightforward. BFAs are typically used when parties want to avoid the court entirely or when the arrangement is more complex than what a standard consent order template accommodates.

Filing Fees Compared to Other Court Costs

If your agreement falls apart and you end up in contested proceedings, the costs escalate sharply. For comparison:

• Consent orders filing fee: A$215
• Initiating application (contested): A$455
• Conciliation conference fee: A$510
• Setting down for hearing fee: A$820
• Daily hearing fee (from day 2): A$820 per day

That's before factoring in lawyer fees, which typically run A$300-$700 per hour for family law practitioners. A contested property trial commonly costs A$25,000-$100,000 or more per party.

The Tasmania Divorce Financial Split Guide walks through the entire consent orders process with clause-by-clause drafting guidance and a superannuation trustee notification template, helping you prepare court-ready documents before you spend on legal review.

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