Fixed-Fee Application for Consent Orders: Why Use a Lawyer When You Already Agree?

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After separation, reaching an agreement often feels like the hardest part. Whether you resolved your property settlement through mediation, negotiation, or directly with your former partner, you may be tempted to complete the Application for Consent Orders yourself.

Technically, you can.

The Federal Circuit and Family Court of Australia provides information and resources for people who have reached agreement about parenting, property, or financial matters. A lawyer is not required to apply for consent orders.

However, completing the application is only part of the process. The proposed orders must accurately reflect the agreement, satisfy legal requirements and clearly set out the steps required to implement the outcome.

Our fixed-fee consent orders package is designed for people who have already reached a complete agreement and need assistance to formalise it.

What are Consent Orders?

Consent Orders are orders made by the Court when the parties have reached an agreement.

They can address matters including:

• property and financial settlements;
• superannuation splitting arrangements;
• parenting arrangements;
• the payment of money or transfer of assets;
• the sale or retention of property;
• financial obligations and liabilities; and
• other matters arising from the breakdown of a marriage or de facto relationship.

Consent Orders are generally determined without the parties needing to attend Court. They have the same legal effect as orders made by a judicial officer following a contested hearing.

Importantly, simply reaching an agreement does not automatically result in a Court order.

If you have reached an agreement and want it to be legally binding, submitting an Application for Consent Orders is one way to formalise the agreement with the Court.

“But we have already agreed. Why do I need a lawyer?”

This is a perfectly reasonable question.

If you have already attended mediation, negotiated through lawyers, or otherwise reached a full agreement, you may not need a lawyer to negotiate your settlement. However, you may benefit from a lawyer to document and formalise the agreement to ensure the proposed orders accurately record the agreement and can be implemented in practice.

Turning a signed Heads of Agreement (often reached after mediation or another dispute resolution conference) into properly drafted Court orders involves more work than many expect.

The Court requires an Application for Consent Orders, as well as a separate document setting out the proposed orders. Additional documents may also be required, depending on whether the application concerns property, superannuation or parenting arrangements. The proposed orders must be drafted clearly so the Court can understand exactly what the parties have agreed and what is intended to happen including what each person is required to do, when it must be done and what is to occur if a required step is not completed. The wording is crucial.

For example, an agreement stating that one party will “keep the house” is very different from properly drafted orders, which address ownership, refinancing, payment of any adjustment, transfer of title, responsibility for the mortgage, and what happens if the required steps are not completed.

Similarly, simply stating that the parties will “split their superannuation” is not necessarily sufficient to establish a legally effective superannuation splitting arrangement. The proposed orders must identify the relevant superannuation interest and comply with certain legal requirements. Depending on the fund and the type of superannuation interest, it may also be necessary to obtain information or a valuation and give the trustee of the relevant superannuation fund an opportunity to object to the proposed wording before the application is filed.

The value of a lawyer lies not in completing forms, but in identifying legal and practical issues, advising on the proposed outcome and drafting orders that accurately record the agreement.

Our fixed fee service is designed for those who have already completed the hard work of reaching an agreement. It’s not intended to reopen or renegotiate that agreement unless further issues are identified and additional work is separately agreed.

Instead, we assist with the legal work needed to turn your agreement into properly drafted Consent Orders and an Application ready for filing with the Court. This can include:

Review of your Heads of Agreement

We review your agreement and identify the practical steps required to give effect to it. We can also highlight any areas where the agreement may be unclear, incomplete, inconsistent, or difficult to implement or enforce.

Preparation of the proposed Consent Orders

Careful wording of the orders is critical. We prepare the formal orders that specify exactly what each party must do, including relevant timeframes, transfers, payments, sale arrangements, and other obligations.

Preparation of the Application for Consent Orders

The Application contains the information the Court needs to determine whether the proposed orders can be made. This is often where mistakes occur, and such errors commonly result in delay, a Court requisition including request for further information or request to amend the documents or rejection of the proposed Orders by the Court.

Identification of potential issues before filing

The Court does not automatically approve every agreement submitted. For property matters, the Court must be satisfied that it is appropriate to make the proposed orders, including that the orders are just and equitable. For parenting matters, the child’s best interests are the Court’s paramount consideration. The Court may requisition the matter by requesting further information, requesting amendments or decline to make particular orders.

Having a lawyer review your agreement before it is filed provides an important additional layer of protection.

Provision of written legal advice

As part of our obligations, we provide written legal advice in all consent order matters about the proposed orders, their effect, and any risks or issues identified. In a property matter, this includes advice about the proposed division of assets, liabilities and superannuation and the matters relevant to whether the proposed outcome is just and equitable. In a parenting matter, the advice addresses the proposed arrangements and the child’s best interests. Receiving legal advice supports informed decision-making and may reduce the likelihood of future set-aside applications.

NOTE: In family law matters, we are unable to act for both parties jointly. We are required to represent only one client—even if the parties’ interests align. The other party may obtain independent legal advice or choose to remain self-represented.

Preparing the application for filing

There are specific filing requirements, including submitting the proposed orders in the required format and, depending on the circumstances, additional documents such as superannuation information or parenting-related forms (for example, a Notice of Child Abuse, Family Violence, or Risk).

We ensure the application is prepared accurately and ready to be filed.

Why a fixed-fee?

A common concern with engaging a lawyer after mediation is the cost of implementing the agreement. We understand this concern, which is why we offer a fixed-fee Application for Consent Orders service for matters where an agreement has already been reached.

Instead of starting an open-ended retainer and paying for ongoing correspondence and negotiations, you know from the outset what our professional fee will be for the agreed scope of work. This approach makes legal assistance accessible without turning a resolved matter into another lengthy legal process.

Eligibility for a fixed-fee service

Our fixed-fee Consent Orders service may be suitable if:

1. You have reached a full agreement with your former partner;
2. You have a signed Heads of Agreement or another written record of the agreement;
3. You have attended mediation and the only outstanding step is formalising the agreement;
4. The matter does not involve unusual legal, factual or drafting complexity;
5. Neither party requires further negotiation about the substantive terms of the settlement;
6. The other party remains willing to sign the application and proposed orders; and
7. You simply want the agreement to be properly documented and lodged with the Court.

In these circumstances, a fixed-fee service can provide the legal assistance with cost certainty for the agreed scope of work.

To access our costs estimates for fixed-fee Consent Orders, please email Callum Murray at cmurray@elringtons.com.au  

What if you have only reached a general agreement?

Sometimes, parties leave mediation believing everything has been agreed, but the Heads of Agreement may include terms that are too general to convert directly into court orders.

For example: “The property will be sold, and the proceeds will be divided equally.”

Before that can become a practical order, questions must be addressed regarding the sale process, appointment of an agent, listing price, payment of expenses, treatment of mortgage liabilities, timing, and distribution of proceeds.

Similarly, a parenting agreement may require considerably more detail before it becomes a workable set of orders.

If further negotiation is required, our fixed-fee Consent Orders service may not be suitable. In that situation, we can still assist you in finding the best next step.

What are the benefits of formalising your agreement?

One of the principal benefits of Consent Orders is certainty. Once properly made, final orders can typically only be changed in limited circumstances.

Formalising your agreement can provide clarity about each party’s rights and obligations and help conclude the financial or parenting aspects of the relationship breakdown.

Rather than relying on an informal agreement, you can have a clear set of court orders outlining what has been agreed.

You can do it yourself, but you do not have to

There is nothing wrong with completing an Application for Consent Orders yourself. The Court specifically provides resources to assist people who choose to do so.

However, family law documents can have significant and long-lasting consequences. The Court itself recommends obtaining legal advice so that you understand the meaning and effect of the orders you are seeking. Legal advice can also assist in identifying missing or impractical orders and ensuring you make an informed decision before the documents are signed and filed.

For many people, the question is not: “Can I do this myself?”

Instead, the real question is: “Do I want to take the risk of getting it wrong when I can have a lawyer review and formalise the agreement for a fixed fee?”

Already reached a settlement? We can help formalise it

If you have reached a full agreement after mediation or negotiation, and have a signed Heads of Agreement, you may not need further costly negotiations.

Our fixed-fee Application for Consent Orders service helps you take the final step: converting your agreement into properly drafted Consent Orders and preparing the application for filing with the Federal Circuit and Family Court of Australia.

You have already reached agreement. Let us help you formalise it.

Contact us to find out if our fixed-fee Consent Orders service suits your circumstances.

Please note: our fixed-fee service is intended for matters where the parties have already reached full agreement and no further substantive negotiation is required. Eligibility and the precise scope of the service are confirmed after an initial assessment and are set out in the written costs agreement. The fixed fee assumes that the required information and documents are available, the other party remains willing to sign the documents, and the matter does not involve unusual complexity. Additional work will not be undertaken without discussing the scope and cost with you. Court filing fees are separate to our professional fee and payable directly to the Court. As of 1 July 2026, the filing fee for an Application for Consent Orders is $215. A fee exemption or reduction may be available to eligible applicants. Court requirements, filing fees and approved forms may change.