Form 11 Consent Orders: How to Complete for Property Settlement

Form 11 is the Application for Consent Orders filed with the Federal Circuit and Family Court of Australia (FCFCOA). It is the document that converts your property settlement agreement into a legally binding court order — without either party attending a hearing.

The form itself is deceptively simple. The part that causes rejections is not the form but the attached minutes of consent, where the actual terms of your property division must be drafted in a format the court will accept.

What Form 11 Contains

Form 11 has three main sections:

1. Applicant and respondent details — names, dates of birth, relationship type (married or de facto), date of marriage or commencement of relationship, and date of separation
2. Details of the proposed orders — whether the application covers property, spousal maintenance, superannuation, or a combination
3. The minutes of consent — the attachment where you draft the specific orders you are asking the court to make

Both parties must sign Form 11. For property-only applications, no affidavit is required. If children are involved alongside the property split, additional forms apply.

How to Draft the Minutes of Consent

The minutes of consent are the substance of your application. This is where registrar rejections happen — not because the split is unfair, but because the drafting is ambiguous, contradictory, or missing required elements.

What to include

Each asset or liability in your settlement needs a numbered clause specifying exactly what happens to it. The language must be precise and self-executing — the court should not have to interpret what you meant.

Real property clauses must specify the property address, certificate of title reference, who retains or receives the property, and the timeframe for transfer. If one party is buying out the other, state the mechanism (refinancing, offset against other assets, or cash payment) and the deadline.

Superannuation clauses require the fund name, member number, trustee ABN, and the splitting method (base amount or percentage). For PSS and CSS schemes common among ACT public servants, include the specific splitting order wording required by the Commonwealth Superannuation Corporation.

Debt allocation clauses must name the creditor, account number, current balance, and which party assumes responsibility. Include a clause requiring the responsible party to indemnify the other if the creditor pursues them under joint liability.

Personal property can be handled with a general clause ("each party retains personal property currently in their possession") or with specific items listed if high-value items are disputed.

Common mistakes that cause rejection

• Vague language: "The husband will pay the wife her share" does not specify what the share is, how much, or when
• Missing timeframes: Every transfer must have a deadline — "within 60 days of the date these orders are made" is standard
• Contradictory clauses: Ordering one party to retain the home while also ordering it to be sold
• No mutual release clause: Include a clause that both parties release all future claims against each other's property
• Superannuation without trustee notice: If your orders include a superannuation split, you must serve the draft on the trustee at least 28 days before filing — and include proof of service with Form 11

Filing Process and Costs

File Form 11 electronically through the Commonwealth Courts Portal. The filing fee is $215 — no concession rate is available for consent order applications.

Processing time is typically four to eight weeks. The registrar reviews the orders to confirm they are "just and equitable" under Section 79 of the Family Law Act 1975. If satisfied, the registrar seals the orders without a hearing.

If the registrar has concerns, they will either reject the application with reasons (requiring you to amend and refile) or list the matter for a short hearing to discuss the issues.

What to Include Beyond the Basics

A mutual release clause. Without this, either party can come back years later and claim additional property or spousal maintenance. Standard wording: "Each party releases the other from any further claims they may have against the other's property or financial resources, whether arising under the Family Law Act 1975 or otherwise."

An indemnity clause for joint debts. If one party assumes a joint credit card or personal loan, include a clause requiring them to indemnify the other if the creditor pursues the non-responsible party. Banks are not bound by court orders — joint liability survives regardless of what the consent orders say.

A sale-or-refinance fallback. If the orders require one party to refinance the mortgage and they cannot qualify, what happens? Include a clause: "If the [applicant/respondent] has not completed refinancing within [90/120] days of the date of these orders, the property at [address] shall be listed for sale within 14 days."

After the Orders Are Sealed

Sealed consent orders are enforceable court orders. In the ACT, you use the sealed orders to:

• Claim the conveyance duty exemption from the ACT Revenue Office using Concession Code 232F on the Buyer Verification Declaration
• Lodge the property transfer with Access Canberra's Land Titles Office
• Direct your mortgage lender to release your former partner from the joint loan
• Instruct superannuation trustees to execute the splitting order

If the other party does not comply with the sealed orders, enforcement options include filing an enforcement application with the FCFCOA, seeking a warrant for seizure of property, or applying for the other party to be held in contempt of court.

The ACT Divorce Financial Split Guide includes a complete minutes of consent template covering real property, superannuation (including PSS/CSS), debts, and mutual release clauses — along with the exact sequence for ACT title transfers and stamp duty exemptions.

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