Consent Orders Lawyers in Sydney

You’ve reached an agreement with your former partner. Consent orders turn it into something a court will enforce. We prepare and file them for couples across Sydney and NSW, fixed fee, quoted upfront.

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What Are Consent Orders?

Consent orders are written agreements about parenting, property, or both, approved by the Federal Circuit and Family Court of Australia and sealed as legally binding court orders. There’s no hearing, and neither of you attends court. You file an application for consent orders together with a minute of consent orders, the document recording exactly what you’ve agreed, and a Registrar reviews it on the papers.

 

Are consent orders legally binding once sealed? 

 

Yes, with the same force as orders made after a trial. A handshake deal has none of that protection.

Consent Orders v Parenting Plan v BFA v Informal Agreement

The binding financial agreement vs consent orders question comes up in nearly every first appointment, usually alongside consent orders v parenting plan. Here is the honest comparison.

 

Consent orders

Binding financial agreement (BFA)

Parenting plan

Informal agreement

Legally enforceable

Yes, sealed court orders

Yes, if drafted and executed strictly to the Act

No

No

Court involvement

Registrar approves on the papers

None

None

None

Court fee

$215 filing fee

Nil

Nil

Nil

Legal costs

Fixed fee, quoted upfront

Both parties must pay for independent legal advice

Optional

Nothing upfront, often the most expensive option later

Best suited to

Couples who agree and want finality

Asset protection where court scrutiny is unwanted

Flexible, low-conflict co-parenting

Nobody we’d advise



Why Sydney Families Choose Hillcrest

Plenty of firms prepare consent orders. These are the six things clients tell us made the difference here.

Fixed fee consent orders. One quoted price before any work starts, covering drafting, disclosure and filing. If something unusual comes up, we tell you first.

A senior lawyer, not a template. Tamara Al Hashimi, admitted to the Supreme Court of NSW and the High Court of Australia, reviews every set of orders personally.

A parent, not just a lawyer. Tamara is a mother of two. Parenting consent orders here are drafted by someone who knows what a workable week looks like.

Built to pass first time. Orders drafted to satisfy the Registrar on first review, reducing requisitions, delays and repeat filing fees.

Complex matters welcome. Superannuation splits, businesses, trusts, cross-jurisdictional parenting arrangements. If your agreement has hard edges, we've documented one like it before.

95% of matters settled. Our approach is collaborative rather than combative. Most clients never see the inside of a courtroom, and their costs reflect that.

At Hillcrest Family Lawyers, our goal is to facilitate the Consent Order process efficiently and empathetically, ensuring that your future and that of your family are secured.

How to Apply for Consent Orders

Clients often ask what the process of getting consent orders actually involves, and whether DIY consent orders are worth the risk. With us, it runs in three stages.

1.

Advice and agreement check. We start with a confidential consultation, test whether a Registrar would approve your agreement, and confirm what can be included in consent orders for your situation.

2.

Drafting and disclosure. We draft the application for consent orders and the minute of consent orders recording your terms, manage financial disclosure, and notify your super fund if a split is involved.

3.

Filing and approval. How long do consent orders take? Usually a few weeks to a couple of months. We file with the court, handle the fee, and sealed orders follow.

Not sure your agreement would hold up?

Speak to a family lawyer before you file, not after a requisition. Book a confidential consultation or request a callback.

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Consent Orders FAQs

Superannuation in consent orders
Superannuation counts as property and can be split through property settlement consent orders. Before the court approves a split, the super fund must be given the draft orders and a chance to object, a step called procedural fairness. Most funds respond within weeks, and some charge a small processing fee.

Does a consent order finalise the financial relationship?

In most matters, yes. Once property settlement consent orders are made, neither person can come back later for another share of the assets covered by the orders. Spousal maintenance is only finalised if the orders deal with it. That certainty is the main reason people choose orders over informal agreements.

A Registrar reads the application without a hearing. Property orders have to be just and equitable under section 79 of the Family Law Act 1975, so a lopsided split needs explaining. Parenting consent orders face a different bar: the children’s best interests. Registrars do reject agreements, usually over disclosure gaps.

Rarely, and only on limited grounds. Under section 79A, property orders can be set aside for fraud, failure to disclose assets, duress, or where they have become impracticable. Parenting orders can be revisited if circumstances change significantly. Orders drafted carefully, with full disclosure on both sides, are very difficult to unwind.

Yes. An application for consent orders is filed electronically through the Commonwealth Courts Portal and decided by a Registrar without a hearing. Neither of you attends court at any stage. If the Registrar has concerns, the court issues a requisition asking for changes rather than listing the matter.

The court filing fee for an Application for Consent Orders is $215, effective from 1 July 2026. Exemptions are available if you hold certain government concession cards or can demonstrate financial hardship. This is the only mandatory court cost. Our legal fees are fixed and quoted before work begins.

Ready to Make Your Agreement Binding?

You’ve done the hard part: reaching an agreement. We handle the paperwork that makes it stick. Fixed-fee consent orders for Sydney and NSW couples, quoted upfront, drafted to be approved first time. Book a confidential consultation or arrange an initial call.

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