Family Law
Consent Order Lawyers
Consent orders are a cost-effective and legally enforceable way to finalise your parenting arrangements and property settlement.
Our Consent Order Lawyers Can Help You Formalise Your Property & Parenting Matters
When you and the other party reach an agreement about parenting or property matters after separation, Consent Orders can give those arrangements legal certainty. At Eliza Legal, we support families across the Bayside area and Mornington Peninsula to turn informal agreements into formal court-approved consent orders, without the stress of going to court. Our team is here to ensure your agreements are clear, fair and focused on your future.
Understanding Consent Orders After Divorce Or De Facto Separation
When couples separate, reaching an agreement on parenting and property matters is an important step, but it’s just as important to formalise those agreements. Consent Orders are legally binding documents under the Family Law Act, that are approved by the Family Court. These documents set out what has been agreed, whether that relates to parenting arrangements, the division of property, or both.
Unlike informal agreements, consent orders offer legal protection and clarity for both parties, helping to prevent future disputes. At Eliza Legal, we help you prepare and submit these orders properly, so you can move forward knowing your arrangements are secure and in your family's best interests.
What Can Consent Orders Cover?
Consent orders can cover a wide range of parenting and property matters following separation. They are legally binding and tailored to suit the specific needs of each family. Whether you're working through parenting arrangements, dividing property, or both, consent orders offer a clear and enforceable path forward. Here's how they can help:
- Parenting Matters: Parenting consent orders can set out where children live, how much time they spend with each parent, and how major decisions such as those about education, healthcare and religion are made. They can also include details about school holidays, birthdays, travel and communication with the other parent, ensuring stability and consistency for your children.
- Property and Financial Matters: Consent orders can formalise how assets, liabilities and superannuation will be divided after separation. This may include the family home, cars, savings, debts, business interests and financial support. Property orders provide certainty and finality, helping both parties move forward with a fair and balanced outcome.
- Parenting and Property Combined: Consent orders can cover both parenting and property matters in a single application. This is a common and efficient approach for separating couples who wish to resolve all matters at once. At Eliza Legal, we help you draft clear, practical agreements that reflect your family’s needs and meet the legal requirements for court approval.
What's The Process For Getting Consent Orders?
At Eliza Legal, we’re here to guide you through every step of the consent order process with care and clarity. Whether your matter involves parenting, property, or both, our goal is to help you formalise your agreement efficiently and with confidence.
We Can Help You At All Stages:
- Initial Consultation: We begin with a detailed consultation to understand your situation, review your agreement, and explain how the consent order process works.
- Reaching Agreement: If you and the other party have already agreed, you can provide the details, and we’ll take care of the rest. If you need help reaching agreement, we can assist through negotiation or family dispute resolution (mediation) to help you work through the issues constructively.
- Drafting the Orders: Once an agreement is reached, we carefully draft the consent orders to reflect your arrangements clearly and accurately and ensure they meet legal requirements.
Filing with the Court: We lodge the documents with the Federal Circuit and Family Court of Australia on your behalf. Once approved, your consent orders become legally binding, giving you certainty and protection moving forward.
How we can assist:
- Fixed-fee options for clarity and peace of mind
- Tailored legal advice based on your unique situation
- Mediation support to help reach workable agreements
- Drafting and reviewing parenting and financial consent orders
- Superannuation splitting advice in consent order matters
- Assistance with court filing and documentation
- Assistance with enforcing parenting or financial orders
- Assistance in updating parenting orders if circumstances change
Why Work With Eliza Legal?
Supportive, Personalised Guidance
We take the time to understand your unique family dynamics and what matters most to you. Whether you're working through parenting arrangements, property division, or both, our advice is always tailored to your needs and goals.
Clear Communication
Legal processes can feel overwhelming, but they don’t have to be. We’ll explain everything in plain language, keep you informed at each stage, and ensure you're always clear on your options.
Trusted Family Law Experience
Our experienced family lawyers regularly prepare and finalise consent orders for a wide range of matters. You can rely on us to ensure your orders meet legal standards and accurately reflect your intentions.
Local & Approachable
As a Mount Eliza-based firm serving the Mornington Peninsula, we’re proud to offer professional, down-to-earth service grounded in local knowledge and genuine care for our clients.
Our Process
Step 1: Free 20-Minute Discovery Call
Talk with a family lawyer about your situation to determine whether consent orders are the right next step for you.
Step 2: Fixed-Fee Initial Consultation ($440)
In a dedicated 90-minute session, we’ll review your agreement (or help you clarify what’s needed), provide legal advice, and outline a practical path forward. You’ll complete a short intake form beforehand so we can tailor the session to your needs.
Step 3: Preparing & Filing Your Consent Orders
Once you're ready to proceed, we’ll draft your documents, guide you through any required negotiation or mediation, and file everything with the court. You’ll walk away with clarity, peace of mind and legally binding orders that reflect your agreement.
Frequently Asked Questions
Have another question that hasn't been answered? Get in touch with our team and we'll help answer all your questions.
What is meant to be included in parenting orders?
Parenting orders outline responsibilities for children’s care, including living arrangements, time with each parent, education, medical decisions and holiday schedules. These legally binding agreements help avoid future disputes. It's essential to seek legal advice to ensure all the documents reflect your child’s best interests and meet the court's requirements.
What if we can't agree on property settlement or parenting matters to make orders?
If parties can’t reach a mutual agreement, mediation or family dispute resolution is encouraged first. If that fails, court proceedings may be required. Seeking independent legal advice early can clarify your legal rights and help avoid unnecessary conflict.
Do we need parenting orders or is a parenting plan sufficient?
A parenting plan is a mutual agreement between parents, but it is not legally enforceable. Parenting orders, however, are court-approved and have the same legal weight as any court order. If you want clarity and enforceability, especially in complex situations, it's a good idea to obtain legal advice about filing consent orders.
Can superannuation be covered in property orders?
Yes, superannuation can be split as part of a property settlement and included in proposed consent orders. A superannuation splitting order must be prepared with care, as it has legal implications. Always seek independent legal advice to ensure your entitlements are protected and your financial ties are correctly addressed.
Can my ex-partner and I help draft consent orders?
You and your ex-partners' input is imperative in the consent order process, but a family lawyer will draft your wishes in the correct legal format. We can assist with drafting proposed consent orders that clearly reflect your mutual agreement and meet court standards. Our fixed-fee consent orders service includes tailored advice to ensure the legal document is accurate and enforceable and protects your legal rights now and into the future.
Are court proceedings necessary for consent orders?
In most cases, no. Unlike other family law matters, consent orders are made without a court hearing. If both parties agree and make an application for consent orders (and file the correct documents!), the court registry can approve the orders without anyone needing to attend court. This process helps avoid lengthy litigation and can save time and costs.
What is a superannuation splitting order?
A superannuation splitting order is a legal order, often included in property consent orders, that divides one party’s superannuation between the parties after separation. It doesn’t release funds but redirects entitlements. Seek independent legal advice to understand your financial circumstances and ensure compliance with relevant superannuation and family law agreements.
How much does obtaining consent orders cost?
Costs vary but may include a fixed fee for consent orders and a filing fee (currently around $195, subject to change). Additional costs associated with the process include legal fees for drafting and reviewing documents, registry fees for filing documents, service fees for serving documents on the other party, and application fees for other related family law processes. You can reduce costs by reaching a mutual agreement and working with a lawyer who offers transparent, upfront pricing.
Book your Free 20 Minute Discovery Call with our Consent Order Lawyers today.
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