Consent Orders Queensland: How to Apply and What They Cost

Consent orders are the most common way to formalize a property settlement in Queensland without going to court. You and your former partner agree on how to divide assets, draft the terms, and submit them to the Federal Circuit and Family Court of Australia (FCFCOA) for approval. Once sealed by a judicial officer, they have the same legal force as a court judgment.

What Consent Orders Cover

A single set of consent orders can deal with:

• Division of real estate (who keeps the house, sale and split arrangements)
• Allocation of debts (mortgages, credit cards, personal loans)
• Superannuation splitting
• Transfer of vehicles and other assets
• Spousal maintenance arrangements
• Parenting arrangements (custody, living arrangements, time with each parent)

You can combine property and parenting orders in one application, or file them separately.

The Filing Process

Step 1: Draft Your Proposed Orders

Write out the specific terms of your agreement in a Word document (.docx format). The court requires the proposed orders to be in a precise legal format — each paragraph numbered, each obligation clearly assigned to a named party.

Vague language is the most common reason for rejection. "The husband will pay the wife a fair amount" won't pass. The court wants: "Within 90 days of these orders taking effect, the Husband shall pay to the Wife the sum of $150,000 by electronic funds transfer."

Step 2: Complete the Application (Form 11)

The Application for Consent Orders (Form 11) is the coversheet that accompanies your proposed orders. It includes:

• Details of both parties (names, dates of birth, addresses)
• Details of the marriage or de facto relationship
• A declaration that both parties freely consent to the proposed orders
• A summary of the financial circumstances of both parties

Both parties must sign the Form 11 and the proposed orders.

Step 3: Handle Superannuation (If Applicable)

If your consent orders include splitting superannuation, you must serve a copy of the proposed draft orders on the super fund trustee at least 28 days before filing with the court. This gives the trustee time to review the splitting clauses and confirm they can be executed under the fund's rules. File proof of the trustee's response or lack of objection with your application.

Step 4: File and Pay

Lodge the completed Form 11, proposed orders, and supporting documents through the Commonwealth Courts Portal (CCP). The filing fee is $215 as of July 2026.

You don't attend court. A judicial officer reviews the application on the papers after filing. If the proposed orders are considered just and equitable, they're approved and sealed; timing can vary.

If Your Application Is Rejected

The court may request information or amendments, or decline to make consent orders, if they don't appear just and equitable, if the drafting is unclear or unenforceable, or if required information is missing. You'll receive a letter outlining the issues. You can address the requested issues and resubmit where permitted, but unresolved issues can delay settlement.

Cost Breakdown

The $215 filing fee is the only mandatory FCFCOA court cost. If you draft the orders yourself, formalising the agreement through the court costs $215, but property transfers can also incur Titles Queensland registration fees and other transaction costs.

Why Not Just a Handshake Agreement?

Without consent orders (or a BFA), your property agreement has no legal force. Either party can walk away from an informal deal at any time. Beyond enforceability, a qualifying relationship-breakdown transfer can receive the Queensland transfer-duty exemption under Section 424 of the Duties Act 2001 when supported by a sealed FCFCOA order/Consent Order or valid BFA. Division 126-A CGT rollover relief may apply where its statutory conditions are met — tax benefits that can save tens of thousands of dollars.

The Queensland Financial Split Guide includes step-by-step Form 11 instructions, registry-compliant clause templates, and a consent orders preparation checklist.

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