Hillwest Legal prepares and files consent order applications for clients across the Hills District and Greater Western Sydney. Consent orders are orders made by the Federal Circuit and Family Court of Australia (FCFCOA) based on terms that both parties have agreed to. They provide a legally enforceable framework for dividing property, splitting superannuation, and formalising parenting arrangements after separation with the backing of a court order.
Enquire Online Now →
We generally respond within 2 business hours.
Our consent order services
Parenting consent orders
Parenting consent orders set out where children will live, how time is shared between parents, and who makes decisions about the children's education, health and welfare. They provide certainty for both parents and children.
Property consent orders
Property consent orders deal with the division of assets, liabilities and financial resources after separation. They can cover the family home, investments, bank accounts, debts, and other property.
Superannuation splitting (consent orders)
Superannuation can be split as part of property consent orders. The court order directs the super fund trustee to transfer an amount from one party's superannuation to the other party's fund.
How consent orders work
- Reach agreement. Both parties agree on the terms either through direct negotiation, mediation, or with the assistance of their solicitors. You need agreement before applying for consent orders.
- Prepare the application. We draft the proposed consent orders and the Application for Consent Orders, including the required supporting documents (such as a statement of financial circumstances for property matters).
- File with the court. The application is filed with the FCFCOA. Both parties sign the application and the proposed orders.
- Court review. A judicial officer reviews the proposed orders on the papers, without a hearing in most cases. For property orders, the court must be satisfied they are "just and equitable." For parenting orders, the court must be satisfied they are in the "best interests of the child."
- Orders are made. If the court is satisfied, it makes the orders. They take effect immediately and are legally enforceable.
When consent orders are the right choice
You need a court order, not just an agreement. Unlike a binding financial agreement, consent orders have the full force of a court order. If one party doesn't comply, the other can apply to the court for enforcement including contempt of court proceedings if necessary.
You need to deal with parenting and property together. Consent orders can cover both property and parenting in a single application. BFAs cannot deal with parenting matters.
You want certainty about enforceability. Because a court has reviewed and approved the orders, they are less vulnerable to challenge than a BFA.
You need stamp duty exemptions. Property transfers made pursuant to court orders are generally exempt from stamp duty in NSW. This can be a significant saving particularly for high-value properties in the Hills District.
Consent orders vs binding financial agreements
Consent orders are court-approved and carry the force of a court order. They can deal with both property and parenting. The court must be satisfied the orders are just and equitable (for property) or in the child's best interests (for parenting). There is a filing fee. Property transfers under consent orders are typically stamp duty exempt.
Binding financial agreements are private contracts. They don't go to court, are completely confidential, and can be quicker to finalise. But they only cover financial matters (not parenting), and enforcement options are more limited.
Frequently asked questions about consent orders
Related services
- Binding financial agreements Private agreement alternative.
- Property transfer Transferring property under consent orders.
- Sale conveyancing Selling property as part of a court-approved settlement.
- Will and power of attorney Update your estate plan after consent orders.
The information on this page is general in nature and does not constitute legal advice. For advice specific to your circumstances, please contact us directly.