Consent orders are one way for couples to organise their parenting and property matters after they separate, with an application for consent orders allowing those agreements to be formally approved by the Court. They are a legally binding court order made by agreement between the parties. From 31 October 2025, a new Central Practice Direction (CPD) was implemented. The CPD establishes the core principles applied to family law proceedings. It also provides a consistent national case management system in the Federal Circuit and Family Court of Australia (FCFCOA). Get a clear understanding of what is required when applying for a consent order in 2026. This will help you avoid mistakes and delays.
Key takeaways
New requirements for consent order applications from October 2025
The Federal Circuit and Family Court introduced new consent order requirements from 31 October 2025 under the Family Law Act. Applicants must use the current version of the consent order application available on the FCFCOA website and file it through the appropriate court registry. Make sure you carefully read the directions provided by the Family Court before proceeding.
So what’s changed for consent order applicants? The Court has new formatting expectations to ensure that applications are displayed clearly. The new directions create the following requirements:
A copy of the proposed orders must be in PDF format. Each page should be signed by both parties.
There must also be a copy of the proposed orders in a Word Document (.Docx). This copy should:
Be unsigned.
Not be locked for editing.
Not have any tracked changes.
Not contain images or macro functions.
The applicant must also observe the following:
All applicable boxes on the application form must be marked, or the application may be rejected.
The Application for Consent Orders must be lodged within 90 days of the date of the first signed Statement of Truth.
Confirm that the value provided for any superannuation interest is current (dated not more than 3 months prior to the date of the Application for Consent Orders).
Documents required for your application for consent orders
A consent order application will need to be supported by different documentation depending on the orders you’re seeking, whether they relate to parenting orders or involve seeking financial orders. Here are some of the primary documents you may need to use:
Application for consent orders. This gives the Court your essential information and the context of your situation.
Minute of consent orders. This document sets out the terms of your agreement.
Notice of child abuse, family violence, or risk. This document fulfils the Court’s obligation to report any allegations of child abuse or family violence.
Financial statement. This is the document you use to disclose your financial circumstances when seeking a property order or seeking financial orders.
Superannuation information kit. If you’re splitting superannuation interests as part of a property settlement, you need to get accurate information from the trustee.
Supporting documentation
You may need to provide documentation to support your application. Here are some of the documents you may need to produce for your application:
Marriage certificate. The Court wants to ensure that a valid marriage existed before granting a consent order.
De facto relationship registration certificate. If you’ve registered your de facto relationship, you can include your certificate.
Supporting financial documents
You may need to disclose a significant amount of information. The Court needs an accurate view of your financial situation. This could include:
Bank statements.
Certificate of title for any properties.
Recent property appraisals. (A valuation from a professional property appraiser carries more weight than an online estimate.)
Business valuations.
Stock portfolio information.
Mortgage statement.
Download our free consent orders document checklist to make sure you don’t miss anything.
Step-by-step application process
Applying for consent orders could seem complicated when you’re looking at them from the outside, particularly if you’re dealing with matters governed by the Family Law Act, such as parenting orders or issues arising from a de facto relationship. But when you break down the process into a few simple steps within the Family Court framework, you’ll see how straightforward the process can be. So, let’s do that.
Step 1: Reach an agreement
It shouldn’t be surprising that a consent order application starts with an agreement reached between the parties. Under the Family Law Act, you’ll need to figure out how you want the marital pool to be divided, as financial orders can include financial support, such as spousal maintenance. You should also work out what parenting arrangements will best serve your child’s interests when applying for parenting orders. Once an agreement is reached, the next step involves preparing the necessary paperwork.
Use constructive ways to resolve disputes. A mediation service can bring parties together and create strategies to work through disagreements.
Step 2: Prepare documents
Organise your financial documents for the financial statement. You can then fill out your property consent order application. Make sure that your financial information is accurate as of the time of the property settlement.
Are you seeking parenting consent orders? Ensure that the notice of child abuse, family violence, or risk is completed. If you have agreed on how parenting responsibilities and living arrangements will be organised, you can fill out the application form.
Step 3: Both parties sign the application form
Each page of the consent order application must be signed by both parties. The signatures need to be certified by an authorised witness. An authorised witness may include:
Justice of the Peace.
Family law solicitor.
Senior police officer.
Notary public.
One common reason for an application to face a delay is that a page is missing a signature or hasn’t been properly witnessed.
Step 4: File the proposed consent order online
Once the application has been completed accurately, you may submit it to the Court. Applications are accepted online through the Commonwealth Courts Portal. Make absolutely sure that you have all of the necessary documents ready. As a reminder, you need to include an unsigned version of the application in a Word Document along with the signed PDF application.
There’s currently a $205 filing fee that needs to be paid before the application will be accepted. This fee may be waived if you meet the criteria of financial hardship.
Step 5: Await court approval
The application will be reviewed by a Judicial Registrar to ensure it meets the right standards under the law. The criteria used depend on the kind of order you’re applying for:
A property order is assessed according to whether it is just and equitable for both parties.
A parenting order is assessed based on whether it protects the child’s best interests.
The assessment usually takes 4 to 8 weeks to be processed. The Court can be super busy with a big workload. What if the application is unsuccessful? Parties won’t usually get a reason for being rejected. You’ll typically need to figure that out on your own. This is why professional help is useful.
Application costs and fee exemptions
As of 1 July 2025, the filing fee is $205. If you decide to make the application by yourself, this may be the only cost you face. However, DIY applications face a higher risk of being rejected. Re-applying will cost you further filing fees and delay your receiving the order.
You can also get a family lawyer to assist you. Professional assistance increases the chances of success dramatically. Consent order application services are often provided by law firms at a fixed rate. The lawyer’s fee typically falls between $1500 and $3500, depending on the case complexity and whether you’re applying for parenting and property orders at the same time.
Under some circumstances, a fee exemption may be available for the following parties:
The primary cardholder (not a dependant of a primary cardholder) of a health care card, pensioner concession card, Commonwealth seniors health card or any other card certifying entitlement to a concession issued by Services Australia, or the Department of Veterans’ Affairs, or
People who have been granted Legal Aid, or
People who are receiving youth allowance, Austudy or ABSTUDY payments, or
People under the age of 18, or
People who are inmates of a prison or otherwise legally detained in a public institution.
If you don’t fall into any of these criteria, you may be eligible under financial hardship rules. Financial hardship is assessed through three tests:
Income test.
Assets test.
Daily expenses and liabilities test.
Common reasons applications get rejected
With the new requirements coming into effect in October 2025, it’s critical that applicants are aware of what’s expected so they can avoid mistakes. Delays don’t just cost you money. It also costs you precious time and increases stress. Let’s look at some of the most common reasons for rejection.
Incomplete financial disclosure
Not disclosing finances properly is a perennial issue. There’s a lot that goes into it, even for simple property pools. Some common causes for improper disclosure include:
Relying on outdated financial documents. The settlement needs to reflect the property pool as it currently stands. Using valuations and other information from 6 or 12 months ago will cause problems.
Some parties may use the wrong financial statement form. Always access the updated form from the FCFCOA website. This is particularly crucial since the changes to the central practice directions.
There can also be an issue where parties don’t think they don’t need to list all of their finances. Even if your property settlement only impacts a couple of assets, you still need to account for all assets and liabilities.
Formatting errors
Formatting errors can end up being a headache for many parties. It’s important that punctuation remains consistent throughout the application. For example, make sure that terms like ‘Wife’ and ‘husband’, or ‘Parent A’ and Parent B’ are capitalised the same way every time. The Court also has rules around numbering the pages of affidavits and annexures. If this isn’t done properly, the application will likely be rejected.
The consent order application form has an extensive list of reminders at the top because the Court notices common mistakes applicants make. Read these carefully.
Unclear parenting arrangements
The Court wants to make sure that parenting arrangements are clear and cover all of the essential aspects of a parenting order. There are two broad aspects to parenting matters: parental responsibility and living arrangements.
Parental responsibility is about how the co-parents are going to make decisions about long-term issues related to the child. For example, how will their education and medical needs be met? Will they receive religious or cultural instruction, and how? If the application doesn’t deal with these matters adequately, the Court will need the parties to make it clearer.
Living arrangements should also cover all aspects of custody. The Court needs to know where the child will live day-to-day, and what visitation arrangements one parent may have. There should also be provisions for special occasions like birthdays and major holidays.
Free legal advice
If you need free advice for submitting applications to the court registry or other matters, there are free resources available.
Family relationship advice line. 1800 050 321 is a free advice line for help with counselling services and other important aspects of family arrangements, such as child support.
Legal Aid Queensland. You can receive vital information online about all areas of family law. You may also get access to free or low-cost legal representation.
DVConnect. There are helplines for men and women experiencing domestic violence. You can get information on safety planning and specialist crisis counselling.
From our clients
I found this firm excellent to deal with. I had received some exorbitant quotes for executing what was really quite a straightforward matter in my case. Shanahans were prompt, professional and fairly priced. I've was very happy with their service.
- Nathan Batley
I was very happy with my experience at Shanahan Family Law. Danyelle guided me through the property settlement and a satisfactory outcome was reached. This was achieved without going to mediation or court.
- Robert Johnston
Conclusion
There are new things to consider on the application for consent orders since the updates to the central practice directions in October 2025. There’s a new application form and formatting requirements. Using the right forms and using the right format will help you avoid unnecessary delays. Ensure you have the supporting documents your application needs, and seek legal advice if you’re unsure about anything.
Do you need to obtain legal advice?
Ready to file your application? Book a free discovery call with Shanahan Family Law on (07) 5408 4470 or download our consent orders checklist PDF to get started. We can help with any family law matter.
Frequently asked questions
Here are four common questions separating couples have about consent order applications.
