Consent orders are an effective way for clients to organise property matters. With the right legal support, property consent orders example can help you divide assets through an agreement that suits your situation. Understanding what’s involved and how to apply may allow you to navigate the process successfully.
Key takeaways
What is a property consent order?
Under the Family Law Act, financial issues during a divorce or de facto relationship breakdown can be managed through a court order. If you have a written agreement with your former partner, you can apply for a consent order without having to attend a court hearing.
Sample property consent orders example
Below is a sample minute of consent orders with the clauses most often used in a property settlement. Names, addresses and figures are placeholders. This is illustrative only and is not a court-approved template.
Federal Circuit and Family Court of Australia (Division 2)
File number: [XXX 0000 of 2026]
Party A: [Party A]
Party B: [Party B]
MINUTE OF CONSENT ORDERS
By consent, the Court orders that:
1. Transfer of property
1.1 Within 60 days of the date of these orders, Party A transfer to Party B all of Party A's estate and interest in the property at [address] (the Property).
1.2 Party B is solely responsible for the mortgage with [lender] secured over the Property and indemnifies Party A against any liability under it.
1.3 Within 90 days of the date of these orders, Party B refinance the mortgage in Party B's sole name and obtain the release of Party A from all obligations to the lender.
What this does: It names the asset, who transfers it, who receives it and a deadline. Clause 1.3 matters because a court order between the parties does not change what the lender can require of each borrower.
Check before use: Whether the lender must consent, and what transfer duty applies in your state.
2. Sale of property (alternative to clause 1)
2.1 The Property at [address] be sold on the open market by [agent] within [90] days of the date of these orders.
2.2 The parties sign all documents needed to sell the Property.
2.3 From the sale proceeds, the following be paid in this order: (a) the costs of sale; (b) the mortgage with [lender]; (c) the balance be divided [X]% to Party A and [Y]% to Party B.
What this does: It sets the sale timeline, who conducts the sale and the order in which the proceeds are paid out.
Tip: Say what happens if the parties can't agree on a sale price, for example an independent valuation or a reserve price.
3. Superannuation splitting
3.1 Pursuant to Part VIIIB of the Family Law Act 1975 (Cth), Party B's interest in [fund name], member number [XXXX], be split so that [$amount / X% of the interest] is allocated to Party A.
3.2 The trustee of [fund name] give effect to this order as soon as practicable after being served with a sealed copy of these orders.
What this does: It directs the fund to transfer part of one party's super interest to the other.
Check before use: Super orders bind a third party, the trustee. The trustee must be given notice and an opportunity to respond before the Court makes orders affecting the fund, and each fund has its own information and form requirements.
4. Debt responsibility
4.1 Party A is solely responsible for the [lender] credit card ending [XXXX] and indemnifies Party B against any liability on it.
4.2 Party B is solely responsible for the [lender] personal loan number [XXXX] and indemnifies Party A against any liability on it.
What this does: It allocates each debt to one party and adds an indemnity in case the creditor pursues the other.
Tip: List each debt by lender and the last four digits only. A court order does not bind the creditor, so the indemnity gives a remedy against the other party rather than changing the debt.
5. Completion timeframe and signing
5.1 All transfers, payments and steps in these orders be completed within [90] days of the date of these orders unless otherwise stated.
5.2 Each party sign all documents needed to give effect to these orders within [14] days of a written request.
5.3 If a party fails to sign a document as required, the Registrar be authorised to sign it on that party's behalf.
What this does: It puts a deadline on every step and gives a mechanism if one party stalls.
This sample is illustrative only and is not legal advice. Every consent order must be drafted to fit the parties' circumstances. Speak with a family lawyer before proposing or signing orders.
Choose what applies to your matter. The draft minute updates as you type. Anything left blank stays as a [placeholder]. Everything runs in your browser; nothing you enter is sent or stored.
What property consent orders usually include
A lot of parties misunderstand the scope of assets that can be included in a consent order. Property that was brought into the relationship, purchased during the relationship, or even acquired after separation may be divided.
When we sit down with a client, we create a complete picture of the net marital pool at the time of the property settlement. This typically encompasses bank accounts, superannuation interests, a marital home, financial resources, personal debts, and mortgage repayments.
What property orders don't include
Financial orders are focused specifically on handling the existing property owned by the parties. They don’t include provisions for parental responsibility and the day-to-day care of children. Parenting arrangements can be formed through a parenting order or an informal parenting plan.
Child support is also typically handled through a different process under the Child Support (Assessment) Act 1989. However, you may organise spousal maintenance through a consent order for a partner requiring financial support.
It’s also important to remember that getting a divorce order doesn’t automatically include property matters. Property and parenting issues have to be organised separately.
How to apply for a property consent order
Property orders have to meet the Federal Circuit and Family Court of Australia’s (FCFCOA) four-step process to make the agreement legally binding. Every consent order application is assessed on whether it is just and equitable for both parties.
There is a straightforward set of steps you can take to get a consent order:
Speak to the other party to determine if you can make an agreement.
Disclose your financial circumstances. Gather all necessary documents
Get legal advice. A family lawyer can help you draft proposed orders or manage negotiations, if needed.
Complete the application form and attach any required supporting documentation.
Pay the filing fee (the current amount is listed on the FCFCOA fees page). You may be able to get an exemption if you hold a relevant government concession card or pass the financial hardship tests.
Wait for the FCFCOA’s decision. The timing depends on the Court’s workload.
Consent orders may not be right for everyone. If you’re facing domestic violence concerns, alternative arrangements can be made to settle your property matters. If you are experiencing domestic or family violence, there is help available:
DVConnect womensline: 1800 811 811
DVConnect mensline: 1800 600 636
1800RESPECT: 1800 737 732
If you’re in immediate danger, contact the police on 000.
Time limits
It’s crucial to apply within the appropriate time frame. Married couples generally need to apply within 12 months of their divorce taking effect. De facto couples can generally apply within 2 years of the end of the relationship. In Western Australia, de facto property matters are dealt with under state law, so a lawyer can confirm the time limit that applies. You may be able to apply after the deadline in limited circumstances and with the Court’s permission. Read more about property settlement time limit.
Getting your property consent order right
Property consent orders can be difficult to overturn once they’re in place. Making sure the orders sought meet your needs is critical for your best interests. The right law firm can assist in various ways, such as:
Helping you comply with disclosure requirements.
Managing negotiations to protect your financial interests.
Reviewing proposed orders before submission to the Court.
Do you need family law assistance?
Our team helps clients with family law matters. Contact us today for a free discovery call.
