Consent Orders in Family Law: A Complete WA Guide

Most separating couples eventually have a painful conversation about the end of their relationship, followed by another about how debts, assets and the care arrangements for their children will be split.

The tricky bit is turning that conversation into something that holds up long term. Clearly, more than a handshake is required. A text thread sent at midnight won’t cut it either. Enter Family Court of WA consent orders. Once you and your former partner have reached an agreement, consent orders are the mechanism that turns the settlement into a legally binding agreement. Neither of you has to attend a hearing in person.

Never fear, you are not alone. Many people separate every year. The Australian Bureau of Statistics reports that 47,216 divorces occurred in Australia in 2024. Of those, 5,560 happened in Western Australia. The number of de facto separations that occur every year sits outside the divorce system, so the real figure for WA separations is considerably higher.^[10] A lot of people are navigating the same paperwork, the same questions, the same quiet uncertainty about what comes next.

This article is a plain-English guide for people going through separation in WA. It covers what a consent order is, what it can and can’t include, how to obtain one through the Family Court of Western Australia, the costs involved, the time it takes, and the common mistakes people make along the way.

What are consent orders?

So what is a consent order? This is a court order formalising the parties’ agreement. Once sealed, the agreement is as binding as if the two parties had gone to trial and a judicial officer had made the order.

If you are a WA resident, in most cases the application for consent orders will be filed in the Family Court of Western Australia.^[1] Federal matters, and matters of residents in the rest of Australia, would instead be filed in the Federal Circuit and Family Court of Australia, known as the FCFCOA.^[2] For a number of reasons, WA has its own separate court system for family law matters, and proceedings are filed in the state court rather than federally. If you are in Western Australia, or the appropriate jurisdiction for your matter is Western Australia, then your application is filed with the Family Court of WA.

The words that matter here are “legally enforceable”. A parenting plan scribbled on a napkin, or agreed to in a late-night text exchange, is of limited use if things go wrong later. A sealed consent order, filed and recorded by the court, can be legally enforced. If in future the other party changes their mind about something significant, you have your legally enforceable consent orders to fall back on. A casual arrangement doesn’t give you that.

Despite following different pathways in how people arrive at consent orders, the steps to apply for consent orders are essentially the same for everyone. In the 2022-23 financial year, the Federal Circuit and Family Court of Australia (Division 2) received 15,782 Applications for Consent Orders and finalised 15,974 such applications.^[12]

Thousands of Australians make use of the application for consent order court process each year. Most people obtain their consent orders using the Form 11 Application for Consent Orders, and the courts are well equipped to process these applications in a timely manner when all the relevant information is provided in the proper format.

What consent orders can cover

Most people have an idea of what consent orders include, however they are a more commonly used tool than people realise. In WA, consent orders are not only used to outline both financial responsibilities and parenting arrangements. They can also cover a variety of other matters.

Property and finances

Property orders can cover:

• The family home and other real estate. That includes real estate being sold, transferred to one party, or retained by one party with an offset paid to the other.
• Savings, investments, and shares, including jointly held accounts.
• Debts, such as mortgages, personal loans, credit cards, and tax debts.
• Businesses, companies and trusts.
• Superannuation, split between the parties as part of the overall asset pool.

Superannuation cannot be split between spouses by way of private agreement, and superannuation funds will not take any action as a result of anything that is not a court order or a Binding Financial Agreement. As such, superannuation is usually split by way of consent order.^[1]

What does the court look for? The test the court applies in determining how property should be divided is whether the proposed division is just and equitable. This does not necessarily mean that property will be divided 50/50. What may be just and equitable in one matter is a 60/40 split. In another matter, different percentages may be just and equitable, taking into account the factors above, including each party’s contributions and their future needs. You can read more about our property settlement services.

People often assume the division of the joint net asset pool of their relationship will be 50/50. Some may think the division of the joint net asset pool is an accounting exercise. Another common mistake is thinking the value of assets or balances of debts are taken as at date of separation when, subject to some exceptions, the relevant date would be, for example, the date the parties agree their settlement.

Expert Insight from Annelie van Zyl

Parenting arrangements

On the parenting side of consent orders, the content can vary quite substantially. As a starting point the orders may set out where the children reside, and whether overnight visits occur. The time that a child spends with each parent can be determined, as well as how that time is to be distributed on an annual basis and on a weekly basis.

Additionally, the time to be spent with each parent during school holidays, and on special occasion dates such as Christmas, birthdays, Mother’s Day and Father’s Day, will be included. The order may also make provision for how major long term decisions are to be made, including issues such as education, medical treatment, religion and any other issues that the parents deem to be relevant. The orders can also include provisions for a child’s travel arrangements, both within Australia and overseas. Understand your options for child custody and care arrangements.

From a legal perspective, the proposed parenting orders must be in the best interests of the child. Importantly, even where both parents agree as to the parenting arrangements, the court is not bound to make the orders the parents consider to be in the child’s best interests.

The Family Law Amendment Act 2024 made changes to the test for ascertaining what is in the best interests of a child, and those changes have been in effect since 6 May 2024. The amendments refined the list of factors the court is required to consider.^[7]

Spousal maintenance

Where there is a party who requires ongoing financial support after separation, the use of consent orders enables the terms, including payment, to be binding, enforceable, and fixed in terms of amount and period of time for payment. These terms can be a lump sum, periodic payments, or a combination of both.

In circumstances where the parties have agreed not to claim spousal maintenance from the other, they have the option to enter into a separate agreement (a binding financial agreement) operating as a release of maintenance.

What consent orders can’t cover

What can’t go in a consent order? Child support is assessed separately by Services Australia under the Child Support (Assessment) Act 1989, and the assessment of child support cannot be included in a consent order.^[9] Day-to-day costs of raising children, beyond the property settlement, also sit outside the scope. And matters that are not family law matters, such as business disputes, commercial claims or personal injury claims, cannot be included in a consent order either.

Consent orders versus the alternatives

Plenty of separating couples have heard the key terms floating around but couldn’t tell you how they stack up against each other. Here’s a side-by-side.

Sometimes the term “consent orders” is mistakenly used to refer to a Binding Financial Agreement (BFA), however both have distinct uses within family law. If both parties have agreed how to divide property and want that agreement ordered by the court and enforced, the use of consent orders is usually the way to go.

BFAs are an alternative. They do not involve the court or the judiciary in any way, and they can be created by agreement between the parties, with the critical requirement that each party receives independent legal advice before signing. BFAs may be more expensive because of that independent advice requirement on both sides, and they can still be challenged in certain circumstances.

Another method to formalise parenting arrangements is a Parenting Plan, which is informal and unenforceable. Once relations between the parties break down, you are often returned to the beginning of the dispute.

In a study by the Australian Institute of Family Studies, cited as the authoritative source in a 2024 parliamentary submission, it was found that 39% of property matter negotiations between separated parents occurred only through direct discussion. Furthermore, 29% of property negotiations involved separated parents and their lawyers negotiating the matter without it ever progressing to a contested hearing.

Only approximately 7% of property matters proceeded to a contested hearing.^[11] In most cases, matters are resolved and settled between the parties, and those terms are then formalised in written form as consent orders, for the court’s review and approval.

How consent orders are made in Western Australia

The procedure for obtaining consent orders in Western Australia is a 5 step process conducted by the Family Court of Western Australia. Each step of the process is interconnected with the others.

Step 1: Reach the agreement

Generally, we don’t start preparing the documents until we have reached agreement on the terms of separation with you. This can be agreed at the kitchen table or with lawyers negotiating on your behalf to try to reach terms. In some circumstances an accredited family dispute resolution provider can facilitate the parties to reach agreement.

As part of their negotiations, it is important the parties exchange financial disclosure and attend to valuations of assets if values are not agreed.

The Family Court of WA expects parties to have made a genuine attempt to resolve property matters before a contested application is filed. If you are stuck, mediation is generally the next step rather than court.

Successful mediation very much depends on both parties’ commitment to facilitate a negotiated outcome, including negotiating in good faith and making concessions where required. If there is a safety risk and/or serious power imbalance, I would not recommend the parties attend mediation.

Expert Insight from Annelie van Zyl

One of the major pieces of advice we are able to offer our clients is that legal advice should be obtained at an early stage. The primary factor in any settlement negotiation is each party’s understanding of what a court would likely award in the matter. Without an understanding of your legal position, your negotiations will be conducted blind, and you may take an unreasonable approach to a settlement that could be detrimental long term.

Step 2: Draft the Minute of Proposed Orders

Once we have agreed terms with the other party, we then prepare a Minute of Proposed Orders Sought by Consent. This is the document that is filed with the court for a Registrar to make the orders sought by the parties. Each point in the Minute is translated into a separate order.

Tip from the pointy end: be specific. We have seen DIY Minutes come back with requisitions because a clause such as “the parties will sell the house” includes no time frame, no method, and no mechanism for splitting the proceeds. Such brief provisions are not sufficient for the Registrar to transform them into enforceable orders.

Step 3: File the Form 11 Application

The first form that you will need to start the process is a Form 11 Application for Consent Orders.^[2] A Form 11 can be lodged with the Family Court of Western Australia either online through the eCourts Portal or hand delivered to the Family Court Registry.

In addition to the Form 11, you will need to file the signed Minute of Proposed Orders Sought by Consent (parenting or property), the required supporting documents, and the current filing fee. Fees are reviewed annually, so check the Family Court of WA fees page for the latest figure.^[3] Reduced fees apply in certain situations, such as where you hold a Centrelink concession card or can demonstrate financial hardship.

Step 4: Registrar review

The application is determined by a Registrar granting the orders on the papers. We find the registration process to be a straightforward one and it normally takes about six to eight weeks, depending on the workload of the relevant Registry.

In reviewing the application, the Registrar is essentially asking two questions. For property orders, are they just and equitable? For parenting orders, are they in the best interests of the children?

From time to time additional clarification, documentation or correction of paperwork may be required. If the Registrar identifies an issue with the paperwork, a requisition will be issued to the parties requiring clarification, correction or documentation to be provided to the court.

The parties will be required to respond to the requisition in the timeframe stipulated. Once satisfied that the requisition has been addressed, the application will be reviewed again by the Registrar. A requisition is not a rejection of the application. It is simply the court completing a few additional boxes to ensure the final orders are correct, although if the parties fail to satisfactorily address the court’s requisition their application may be dismissed.

A key point to remember is that once a decision has been made by a Registrar, it is rarely disturbed. Data published by the Federal Circuit and Family Court of Australia for FY 2024-25 indicates that only 3.4% of final and interim order applications finalised by Registrars were the subject of an Application for Review. Of those review applications, only around 1 in 15 were upheld.^[13] A well drafted consent order is unlikely to be changed.

Step 5: Orders sealed

The agreement becomes an enforceable order of the court once the Registrar is satisfied with the terms, and the orders are then sealed. Copies of the sealed orders are furnished to the parties to the agreement. Consent orders have the same legal effect as orders made by a Magistrate or Judge following a trial. Consent orders are legally enforceable and difficult to set aside.

Time limits you can’t miss

For couples who are married, there is a time limit of 12 months from the date the divorce order becomes final, within which they must apply to the court for property orders. For de facto couples, there is a period of 2 years from the date of separation within which the application must be made.

There is no time limit to seek parenting orders in respect of children under the age of 18 years. We get asked this question frequently, and the answer is yes, you can have property consent orders filed before the divorce is finalised. A lot of people believe the property orders cannot be lodged until the divorce order has been obtained, however so long as you have separated, property matters can be resolved at any time.

Missed the deadline? All may not be lost. The parties may agree to file their application in respect of property matters out of time, or a party may apply to the court for leave to file their application out of time, but there is no guarantee that this will be granted. Therefore legal advice should be sought as soon as possible to discuss the application and to ensure that any material issue can be addressed as quickly as possible.

Costs, timing, and the tax perks nobody mentions

Consent orders are not cheap but significantly more cost-effective compared to your matter proceeding to a trial. There is also a benefit in terms of time and stress saved when your matter does not proceed to a trial.

What you’ll pay in fees

The current court filing fee for an Application for Consent Orders using Form 11 is $215 (current as at 1 July 2026).^[3] The filing fee for a contested Initiating Application seeking final orders in relation to parenting and financial matters is $740. The court fees for a defended hearing can be significant, with the daily hearing fee currently in the range of $820 to $1,115 per day. However, there are reduced fees for Centrelink concession card holders and for people who claim financial hardship.

The cost of legal fees (your lawyer’s fees) to obtain a consent order is generally scalable to the degree of complexity involved in preparing the orders and the financial statements. A straightforward matter, which only involves real property, would be at the lower end of the scale.

Other matters such as superannuation splitting, trust structures, family businesses and assets located interstate or overseas will add to the time required to properly prepare the documentation, and the cost accordingly.

What you’ll save

Two tax concessions are available when real estate is transferred between spouses pursuant to Family Court orders, and they are not available in relation to informal agreements.

The first is an exemption from stamp duty on property transferred between parties under court orders. For a typical Perth family home, this exemption can quietly save tens of thousands of dollars. The second is capital gains tax rollover relief on real estate transferred under Family Court orders, which effectively defers the capital gain until the receiving party eventually sells.^[8]

These tax concessions aren’t incidental. They are a genuine reason most separating couples who can agree opt for consent orders over a private sale-and-split arrangement. They are, however, subject to changes to the relevant tax laws.

Timeline

Preparation typically runs four to eight weeks, depending on how well you and your former partner are communicating, and whether full financial disclosure has already been exchanged. Registrar review is usually another six to eight weeks on top. Budget three to four months start to finish, from “we’ve landed on something” to “orders sealed”.

Common pitfalls (and how to avoid them)

Perth Divorce Lawyers have been preparing consent orders for clients from all corners of Perth for the past 25 years. In that time, we have identified a number of avoidable errors that can be rectified with an understanding of what is required.

One of the biggest issues is that most separation agreements lack sufficient detail. Rather than providing useful Minutes for the Registrar to seal, vague provisions such as “the parties shall sell the house” are far more common.

Obviously, these are useless. What is needed is some expression of timing, some provision for how the sale proceeds are to be divided, and preferably an alternative provision in case events do not quite work as planned. The more detailed the agreement is, the easier and less problematic the ultimate sealing of the agreement will be.

The second big trap is the need for full and proper disclosure of all financial information between the parties prior to agreeing to consent orders. If proper disclosure is not achieved, the subsequent consent order can be set aside for non-disclosure. This is not a tick box exercise, and proper disclosure is an ongoing requirement right up until the orders are finalised.

Generally speaking in property matters, the parties provide disclosure on income (payslips, tax returns and Notices of Assessment), bank accounts (bank statements), superannuation statements and documents vouching for the values of assets and balances owing on debts.

If we are dealing with a business, company and/or trust, the parties must also provide, for example, a copy of the trust deed, the financial statements and tax returns.

The most common thing people leave out, tongue in cheek, is documents in respect of assets they attempt to hide from the other party. Rarely are these attempts successful. There are many ways for the other party to obtain the relevant information, and non-disclosure could have serious consequences.

Expert Insight from Annelie van Zyl

Number three is forgetting superannuation. Superannuation is one of the most common things that people will leave out of their orders.

A fourth mistake is assuming that consent orders can be easily varied later. Generally once orders are made, unless by consent, they can only be changed on limited grounds. These grounds include fraud, duress, miscarriage of justice, a significant change of circumstances (the Rice and Asplund rule for children), or a fresh agreement between the parties.

In cases of family violence or other situations of power imbalance, particular consideration must be given to whether any consensual arrangements are truly consensual. It is wise to obtain legal advice in these circumstances.

Time limits can also catch people out. Married couples have 12 months from the date the divorce order becomes final within which to file for property orders. De facto couples have 2 years from the date of separation. Make a note of significant dates as soon as possible after separation.

Many people consider going DIY (i.e. not using a lawyer) when undertaking separation and/or divorce proceedings. The Federal Circuit and Family Court of Australia publishes a DIY kit^[5] which many people successfully complete (albeit time consuming and painstaking), while others pay a filing fee and waste several weeks of precious time having orders reviewed by the Registrar only for them to be later rejected because they are not just and equitable. In many cases the cost of a consult before commencing the DIY process would be less than the cost of a lawyer subsequently having to put things right.

When it pays to have a lawyer involved

Although consent orders are one of the few areas of family law in which a person can do it themselves (at least for fairly simple matters), there are many occasions where the lawyer moves from being helpful to being absolutely essential.

Financial matters are not always straightforward in property matters, such as super splitting and splitting complex assets like trusts, businesses or rural land whether located in Australia or overseas. Often there are suspicions that the other party to the financial proceedings may have hidden or concealed assets or income.

Other factors may include a history of family violence or an obvious imbalance of power in the relationship. One or other party to the proceedings may live outside WA or overseas. Sometimes there is doubt as to whether the terms of any agreed financial settlement are fair. The just-and-equitable test seems to be a concept that is broadening out over time, and a short review often highlights issues that would not otherwise have been considered.

The team at Perth Divorce Lawyers provides advice and assistance to people throughout WA on whether consent orders would be an appropriate solution for their circumstances. Book a consult to benefit from our over 25 years of experience in family law and we’ll help you reach your goals.

Sources

1. Family Court of Western Australia. Consent Orders. Last updated 30 January 2025. familycourt.wa.gov.au
2. Family Court of Western Australia. Applying for Consent Orders. Last updated 3 April 2025. familycourt.wa.gov.au
3. Family Court of Western Australia. Fees (from 1 July 2026). Last updated 1 July 2026. familycourt.wa.gov.au
4. Federal Circuit and Family Court of Australia. How do I apply for consent orders? fcfcoa.gov.au
5. Federal Circuit and Family Court of Australia. Application for Consent Orders (Do It Yourself Kit). fcfcoa.gov.au
6. Legal Aid WA. Property: Consent Orders Fact Sheet. legalaid.wa.gov.au
7. Family Law Amendment Act 2024 (Cth). Royal Assent 10 December 2024; parenting provisions effective 6 May 2024. legislation.gov.au
8. Australian Taxation Office. Relationship Breakdown and Capital Gains Tax. Last updated 2024. ato.gov.au
9. Child Support (Assessment) Act 1989 (Cth). legislation.gov.au
10. Australian Bureau of Statistics. Marriages and Divorces, Australia, 2024. Released 23 July 2025. abs.gov.au
11. Australian Institute of Family Studies. Post-Separation Parenting, Property and Relationship Dynamics After Five Years. Cited in the House of Representatives Standing Committee on Social Policy and Legal Affairs, Inquiry into Family Violence Orders (Submission 15, 2024). aifs.gov.au
12. Federal Court of Australia. Annual Report 2022-23 (includes Federal Circuit and Family Court of Australia Division 2 statistics: 15,782 Applications for Consent Orders filed, 15,974 finalised). Released October 2023. fedcourt.gov.au
13. Federal Circuit and Family Court of Australia. Practice and procedure update: Applications for Review of Registrar decisions in family law. Published 10 December 2025. fcfcoa.gov.au
14. Attorney-General’s Department. Family law (property) changes from 10 June 2024: Fact sheet for separating couples. Released 13 January 2025. ag.gov.au

This article is general information only and is not legal advice. Every separation is different. For advice about your circumstances, speak with our team.