One common way to formalise an agreed property settlement is through Consent Orders.

Consent Orders are orders that the parties agree upon and ask the Federal Circuit and Family Court of Australia to make. Once made, they are Court orders and the parties are required to comply with them. Importantly, an application for Consent Orders can generally be dealt with without the parties attending Court.

What are property settlement Consent Orders?

Property settlement Consent Orders are Court orders made by agreement between separated spouses or former de facto partners.

They can record how the parties have agreed to divide their property and financial interests following separation.

For example, Consent Orders may provide for:

• the sale or transfer of the family home;
• payment of a lump sum from one party to the other;
• refinancing of a mortgage;
• division of bank accounts;
• retention or transfer of investments;
• division of business interests;
• responsibility for particular liabilities;
• superannuation splitting; and
• steps and timeframes required to implement the settlement.

The precise orders required will depend upon the assets, liabilities and circumstances of the parties.

Do you need to go to Court to obtain Consent Orders?

Usually, no Court appearance is required.

Where the parties have reached agreement, they can jointly apply to the Federal Circuit and Family Court of Australia for Consent Orders.

The Court considers the application and proposed orders. For financial and property matters, the Court must be satisfied that the proposed orders are just and equitable before making them.

This means Consent Orders are not simply a private contract that automatically becomes a Court order because both parties have signed it.

How does the Consent Orders process work?

Once the terms of the property settlement have been agreed, the proposed Court orders need to be carefully drafted.

An Application for Consent Orders is then prepared. The application provides the Court with information about the parties and their financial circumstances so that the Court can consider the proposed settlement.

The parties currently file an Application for Consent Orders together with their proposed orders. Since 31 October 2025, the Court also requires an identical unsigned Word version of the proposed orders in addition to the signed PDF version when filing electronically.

The documents are generally filed electronically through the Commonwealth Courts Portal.

If the Court is satisfied with the application and proposed orders, the orders can be made without the parties attending a hearing.

What financial information has to be provided?

An application for property Consent Orders requires disclosure of the parties' financial circumstances.

The Court's current guidance states that each party must provide full disclosure of their respective financial circumstances in the Application for Consent Orders and confirm that the information provided is true and correct.

Depending upon the circumstances, relevant information may include:

• real estate;
• mortgages;
• bank accounts;
• shares and investments;
• motor vehicles;
• businesses;
• companies and trusts;
• superannuation;
• other assets;
• liabilities; and
• relevant financial resources.

This is why financial disclosure remains important even when the parties have already reached agreement.

Does the Court automatically approve the agreement?

No.

For property and financial orders, the Court must be satisfied that the proposed orders are just and equitable.

The application therefore provides financial information that assists the Court in considering the proposed settlement.

This is also one reason why it can be helpful to obtain legal advice about a proposed settlement before applying for Consent Orders.

For more information about the factors relevant to determining a property settlement, read How Is a Property Settlement Calculated After Separation in Australia?

What happens to the family home?

Consent Orders can be drafted to deal with the family home in different ways.

For example, the parties may agree that:

• the property will be sold and the net proceeds divided;
• one party will retain the property;
• ownership will be transferred to one party;
• a mortgage will be refinanced;
• one party will make a payment to the other; or
• certain steps must occur before the property is sold or transferred.

The orders should clearly specify the steps each person must take and the relevant timeframes.

Poorly drafted orders can create practical problems later, particularly where a transfer, refinance or sale depends upon a sequence of events.

Can Consent Orders deal with superannuation?

Yes.

Property Consent Orders can include orders dealing with superannuation, including a superannuation split where appropriate.

There are additional procedural requirements associated with proposed superannuation splitting orders, and the Court's current filing guidance requires proof of the value of superannuation interests, particularly where superannuation orders are sought.

The terms of any proposed superannuation split therefore need to be considered carefully.

What if a business, company or trust is involved?

Consent Orders can also form part of a property settlement involving more complicated financial structures.

This might include:

• companies;
• family businesses;
• discretionary trusts;
• unit trusts;
• business assets;
• shareholder interests;
• director or beneficiary loan accounts; or
• related-party liabilities.

The structure of the settlement becomes particularly important in these matters because transferring an asset is not necessarily the same as transferring an interest in the entity that owns it.

Read more about Complex Property Settlements: Businesses, Companies and Trusts.

Consent Orders or a Binding Financial Agreement?

Consent Orders are not the only way an agreed property settlement can be formally documented.

Depending upon the circumstances, parties may instead use a Binding Financial Agreement.

A key distinction is that Consent Orders are orders made by the Court, whereas a Financial Agreement is a private agreement made under the relevant provisions of the Family Law Act 1975. The Court's guidance also confirms that a person cannot enter into a Financial Agreement without first obtaining the required independent legal advice from an Australian lawyer.

Which approach is appropriate depends upon the circumstances and the terms of the proposed settlement.

Are there time limits for applying for property Consent Orders?

Yes, and this is important.

For parties to a marriage, an Application for Consent Orders dealing with financial or property matters should generally be filed within 12 months after the divorce becomes final.

For former de facto partners, it should generally be filed within two years after the breakdown of the de facto relationship.

Importantly, married parties do not have to wait until they are divorced to deal with their property settlement.

If an application is made outside the applicable period, additional requirements arise and leave of the Court may be required. The Court's current Consent Orders guidance specifically explains the additional steps for applications filed out of time.

Legal advice should be obtained promptly where a limitation period has expired or is approaching.

Can Consent Orders be changed later?

Final property Consent Orders are intended to provide finality.

They cannot simply be changed because one party later regrets the agreement or considers that they could have negotiated a better outcome.

The Family Law Act provides only limited circumstances in which final property orders may subsequently be set aside or varied. The Court expressly cautions that once final financial or property orders are made, including Consent Orders, there are limited circumstances in which they can be changed.

This is another reason to obtain advice before agreeing to final orders.

What if we have already agreed on the property division?

If you and your former partner have already reached an agreement, the next step may be to determine how that agreement should be formally documented.

The Court recommends formally documenting property agreements even where the parties have reached agreement themselves, to help ensure each person understands the agreement and reduce future disputes or misunderstandings.

Depending upon the circumstances, this may involve Consent Orders or a Binding Financial Agreement.

You can also read our guide to Property Settlements After Separation for more information about resolving financial matters following the breakdown of a relationship.

Do I need a lawyer for property Consent Orders?

A person is not required to be legally represented to apply for Consent Orders. However, the Court itself recommends obtaining legal advice before deciding what to agree upon or applying for Consent Orders.

A family lawyer can assist with:

• advising on the proposed property settlement;
• identifying issues that may not have been addressed;
• reviewing financial disclosure;
• drafting precise and workable orders;
• dealing with property transfers;
• considering superannuation;
• preparing the Application for Consent Orders; and
• filing the documents with the Court.

This can be particularly important where the settlement involves real property, businesses, trusts, companies, significant superannuation or complex liabilities.

This article provides general information only and is not legal advice. Family law outcomes depend upon the individual circumstances of each matter.