Understanding Consent Order and Parenting Plan

What is a Consent Order and When Do You Need One?

When a relationship ends, most people just want to sort things out and move forward. And in a lot of cases, you and your former partner can agree on the big things – who the kids live with, how the property gets divided, what happens with finances – without ever setting foot in a courtroom.

But an informal agreement, however well-intentioned, doesn’t carry any legal weight. If circumstances change or one party stops following through, you’re left without protection. That’s where consent orders come in.

Quick Summary:

• A consent order is a written agreement, approved by the court, that becomes legally binding on both parties.
• They can cover parenting arrangements, property division, and financial matters after separation.
• The court checks that parenting orders are in the best interests of the child, and property orders are just and equitable.
• They don’t require either party to attend court.
• Time limits apply – it’s important to act within the relevant window.

What is a Consent Order?

A consent order is a written agreement between two separated parties that the Federal Circuit and Family Court of Australia has reviewed and approved. When the consent order is made, it has the same effect as a court order made by a judicial officer after a court hearing – which means it’s fully enforceable if either party fails to comply.

The key difference between a consent order and an informal arrangement is exactly that: enforceability. You and your ex might shake hands on an agreement today, but without formal orders in place, there’s nothing stopping either of you from changing course down the track.

Consent orders can be made without physically going to court, which is one of the reasons many separating families find them a practical, lower-stress option compared to contested proceedings.

What Can Consent Orders Cover?

Consent orders are flexible. They can address:

Parenting arrangements

Who the child lives with, how time is shared, how major decisions get made, holiday arrangements, communication between the child and each parent, and travel.

Property settlement

How assets, debts, and superannuation are divided between the parties. There are advantages to formalising your property and financial agreement with consent orders, including limited circumstances in which orders can be set aside, as well as potential stamp duty and capital gains tax concessions on property transferred under court orders.

Spousal maintenance

financial support from one partner to another after separation, where one party cannot meet their own reasonable expenses.

One thing consent orders can’t cover directly is child support. That’s handled separately through Services Australia or the courts. If you have questions about the child support process, speaking with child support lawyers can help clarify your options.

Do the Court Actually Review the Agreement?

Yes – and this is an important point. 

Consent orders aren’t a rubber stamp. The court can only make consent orders in relation to children if it is satisfied that the proposed agreement is in the best interests of the child. Similarly, the court can only make consent orders in relation to property if it is satisfied that the proposed agreement is just and equitable in all the circumstances.

It generally takes approximately two weeks for the court to make consent orders after an application is filed. In most cases you won’t need to attend a hearing – a Registrar reviews the documents and approves them if everything is in order.

When Should You Apply?

Timing matters. An Application for Consent Orders can be filed any time after separation but should be filed within 12 months of a divorce or two years after the end of a de facto relationship. If you are filing outside this time frame, you will need to seek leave of the court to file the application.

Missing that window doesn’t make it impossible, but it does make things harder. If you’re going through a divorce, divorce lawyers or divorce solicitors can advise you on where you sit in that timeline. For de facto couples, the same applies – de facto lawyers or de facto separation lawyers can help you work out your specific rights and timeframes before you run out of road.

How Do You Get to an Agreement in the First Place?

Most people reach an agreement either through direct negotiation, with the help of a lawyer on each side, or through family dispute resolution (mediation). Any experienced family lawyer will tell you that there are many advantages to reaching an agreement with your former spouse without the need for the court’s intervention.

Once both parties are on the same page, the agreement needs to be drafted in a legally sound format before it’s filed with the court. This is where having the right legal support genuinely matters – not just to get the wording right, but to make sure the agreement actually reflects what each party intended and holds up over time.

Child custody lawyers can help you work through parenting arrangements in a way that focuses on your children’s needs. If property is part of the picture without a prenuptial agreement, property settlement lawyers or property lawyers can ensure the financial side is structured fairly and correctly.

Can Consent Orders Be Changed Later?

It depends on the type. Final property orders are difficult to vary – final financial orders are enforceable by law and can only be legally varied in specific circumstances outlined in the Family Law Act.

Parenting orders can be changed if circumstances shift significantly – a move interstate, a change in the child’s needs, or a genuine safety concern are common examples. Under the Family Law Amendment Act 2023, which took effect in May 2024, there are clearer guidelines around when and how parenting orders can be revisited. Generally, courts want to see that something material has changed, not just that one party has had a change of heart.

Where to Start

If you and your former partner have reached an agreement and want to make it legally binding, consent orders are likely the most straightforward path forward. They offer certainty, legal protection, and avoid the cost and stress of contested proceedings.

Our team at Townsville Family Lawyers works with families across Townsville and North Queensland through exactly these situations. Whether you need help negotiating the terms, drafting the documents, or simply understanding what your agreement should cover, our family lawyers in Townsville are here to help.

Get in touch for a confidential conversation with our solicitors in Townsville. There’s no obligation, and understanding your options early makes the whole process easier.

Disclaimer: This blog is intended for informational purposes only and does not constitute legal advice. For guidance tailored to your specific circumstances, please consult a qualified legal representative.