Minute of Consent Orders WA: How to Draft Property Settlement Orders for the FCWA

A minute of proposed consent orders is the document where you and your ex write out exactly how you've agreed to divide everything — the house, bank accounts, debts, super, cars, household items. It's the core of your Form 11 application to the Family Court of Western Australia, and if the registrar approves it, those proposed terms become legally enforceable court orders.

The word "minute" trips people up. It's not a record of a meeting. In legal usage, a minute of proposed orders is simply a draft of the orders you're asking the court to make. You and your ex agree on the terms, write them into the minute, attach it to your Form 11, and file the package with the FCWA along with the A$215 filing fee.

Why the WA Minute Is Different From National Templates

Western Australia has its own Family Court — the FCWA — which operates separately from the Federal Circuit and Family Court of Australia (FCFCOA) used in every other state. The forms are different, the filing processes are different, and the registrar's expectations for how consent orders should be drafted reflect WA-specific practice.

If you download a "consent orders template" from a generic Australian legal site, it will almost certainly be formatted for the FCFCOA. The numbering, preamble language, and recitals may not match what the FCWA registrar expects. Filing mismatched documents is one of the most common reasons self-represented litigants in WA receive a requisition — a formal rejection that sends your application back for correction, without refunding the filing fee.

Structure of a WA Minute of Proposed Consent Orders

A well-drafted minute follows a standard structure. The registrar reviewing your Form 11 will look for each of these elements:

Preamble and recitals. These identify the parties, state when they married and separated, confirm they've made full financial disclosure, and note that they've each had the opportunity to obtain independent legal advice. Even if you didn't hire a solicitor, the recitals should confirm you were given the opportunity.

Property orders. These are the operative clauses — the specific directions about who gets what. Each order should be clear, self-contained, and capable of being enforced. Vague language like "the parties will divide household items fairly" will be rejected. Instead, each item or category needs a specific direction.

Real property clauses. If one party is keeping the family home, the minute needs to specify: the property address and title details, who retains it, the timeline for the other party to transfer their interest, responsibility for the mortgage, and the mechanism for transfer (usually a Transfer of Land form lodged with Landgate within a set number of days after the orders are sealed).

Superannuation splitting orders. If you're splitting super, the minute must include a superannuation splitting order that complies with the Family Law (Superannuation) Regulations 2001. For WA public sector employees with GESB funds, you'll need to specify the fund name, membership number, the base amount or percentage to be split, and attach a completed Form 6 (Superannuation Information Form) with a recent statement from the fund.

Debt allocation. Each shared debt needs to be assigned to one party, with a clause releasing the other party from liability. The minute should name the creditor, the account number, the approximate balance, and who is responsible for repayment.

Vehicle and personal property. Cars, furniture, and other items should be dealt with in a general clause (e.g., "each party retains the personal property currently in their possession") unless specific high-value items need to be transferred.

Spousal maintenance. If maintenance is part of the agreement, the minute sets out the amount, frequency, duration, and any conditions for variation or termination. If no maintenance is being paid, include a mutual release clause — this prevents either party from claiming maintenance in the future.

Liberty to apply. A standard closing clause that allows either party to come back to court if there's a problem implementing the orders (e.g., one party refuses to sign a property transfer).

Common Reasons the Registrar Sends a Requisition

A requisition is not a final rejection — it's a request to fix problems with your application. But it delays your settlement and the A$215 filing fee is non-refundable. These are the most common issues:

Incomplete financial disclosure. Each party must file a Form 13 Financial Statement alongside the Form 11. If the Form 13 is missing information, contains obvious inconsistencies, or doesn't reconcile with the property orders in the minute, the registrar will requisition it.

Orders that aren't self-executing. Every clause in the minute must be capable of being carried out without further agreement between the parties. If an order says "the parties will agree on a valuation of the family home," the registrar will reject it — there's no mechanism to resolve a disagreement. Instead, the order should specify either an agreed value or a method (e.g., "to be valued by a licensed valuer appointed by the President of the Real Estate Institute of WA").

Missing superannuation details. Splitting orders that don't name the fund, provide the membership number, or attach the Form 6 will be sent back. GESB defined benefit funds (Gold State) require actuarial valuations, and the minute must reference the valuation method used.

No "just and equitable" basis. The registrar must be satisfied that the proposed orders are just and equitable — meaning the split fairly reflects both parties' contributions and future needs. If the minute gives 95% of assets to one party with no explanation, the registrar will query it. Including a brief statement in the preamble explaining the basis for the split (e.g., "having regard to the respective contributions and future needs of the parties") helps.

Inconsistent or contradictory clauses. If clause 3 says Party A keeps the home and clause 7 says the home will be sold, the registrar will send the whole application back.

Filing Your Form 11 With the FCWA

Once your minute is drafted and both parties have signed, the filing process is straightforward:

1. Complete the Form 11 Application for Consent Orders — the cover form that identifies the parties and the type of orders sought
2. Attach the minute of proposed consent orders — your agreed terms
3. Each party completes and attaches a Form 13 Financial Statement
4. Attach Form 6 if superannuation is being split, along with recent fund statements
5. File at the Family Court of Western Australia (55 St Georges Terrace, Perth) or electronically through the court's eFiling system
6. Pay the A$215 filing fee

There's no court hearing for consent orders — the registrar reviews the application in chambers. If satisfied, they seal the orders and send certified copies to both parties. The typical turnaround is 6 to 10 weeks, though complex applications or requisitions add time.

Getting the Drafting Right

The minute of proposed consent orders is where your agreement becomes law. Every clause matters, and the FCWA registrar will scrutinise the drafting more closely than most self-represented litigants expect.

The Western Australia Divorce Financial Split & Asset Division Guide includes a step-by-step walkthrough of calculating your asset pool, completing the Form 13, and structuring your consent orders to pass the registrar's review — built specifically for the FCWA's requirements, not the national court system.

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