Application for consent orders (do it yourself kit)

Where there is no current case, rule 10.04(4) of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 lets people apply for orders in terms of their agreement by filing an Application for Consent Orders and lodging a draft consent order. The application must be filed in Division 2 of the court (r 10.04 note 1). Some orders cannot be sought this way, such as child support orders, medical procedure approvals, step-parent maintenance and parenting orders where s 65G of the Family Law Act applies (r 10.04(5)). Parenting applications must tell the court about any abuse, family violence or risk (r 10.05). A judicial registrar can decide the application, and consent orders have the same force as orders made after a hearing (r 10.07). The respondent's consent lapses if the application is not filed within 90 days of the first statement of truth (r 10.08).

When you need it

• You and your former partner agree on parenting arrangements, property division, superannuation or spouse or de facto maintenance, and want it legally binding.
• You want to vary or discharge existing family law orders by agreement.
• Not for child support covered by the Child Support (Assessment) Act, declarations of a de facto relationship, medical procedures or cross-vesting orders, which the kit lists as excluded.

1. 1

   Draft the proposed orders

   Type each order as a numbered paragraph, and have each party sign and date every page. Also prepare an identical unsigned Word (.docx) copy that is not locked and has no tracked changes, images or macros. The court has a template.

2. 2

   Parts A to C - parties, relationship, other cases

   Give each party's details and address for service, relationship dates, and any other court cases or orders. Answer Item 10A if a property application is out of time.

3. 3

   Parts D to F - children and parenting orders

   Part D is completed by all applicants with children under 18. If seeking parenting orders, complete Part F for each child and file a Notice of Child Abuse, Family Violence or Risk.

4. 4

   Parts G to I - financial orders

   Part G covers de facto jurisdiction. In Part H the applicant completes column 1 and the respondent column 2, including net worth and superannuation details. Part I shows what each party will receive.

5. 5

   Parts J to O - statements of truth and legal advice

   Each party signs their statement of truth and marks every applicable box; the kit warns an application may be rejected if boxes are missed. Lawyers who advised complete the independent legal advice statements. A bound third party signs Part N.

• eFile on the Commonwealth Courts Portal using Start a new file, uploading the application, signed proposed orders, the Word copy and any required documents. If you cannot eFile, the kit explains filing by email, post or at a registry.
• File within 90 days of the first signed statement of truth (r 10.08).
• For a superannuation order binding a trustee, notify the trustee in writing at least 28 days before filing (r 10.06).
• For property or maintenance, the court says to file within 12 months of a divorce or 2 years after a de facto relationship ends; otherwise seek leave to apply out of time.
• A filing fee applies unless you qualify for an exemption - check the court's family law fees page.

• Get independent legal advice on the effect of the orders before signing, as the kit recommends.
• If the proposed parenting orders conflict with a family violence order, the kit says the application must be heard in court.
• Each party has a duty of full and frank financial disclosure; the kit warns consent orders can be set aside for non-disclosure.