Family law

Consent orders in Victoria.

Consent orders are how an agreement reached out of court is made final. Where you and your former partner have worked things out, CMK Legal in Richmond can assist separated couples across Melbourne to formalise property and parenting arrangements through the court, without either of you attending, and structured so the available duty and capital gains concessions apply.

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Advice from a lawyer

Orders prepared by a lawyer so they are enforceable and the concessions apply.

Realistic timeframes

Typically prepared within one to two weeks of instructions, subject to disclosure.

Costs explained up front

Fixed fee for preparing and filing, quoted before we start.

Family Law Act & Victorian courts

Family Law Act 1975, Duties Act 2000 (Vic) section 44 and CGT rollover relief.

What consent orders do.

Consent orders are orders of the Federal Circuit and Family Court made without anyone attending court. You and your former partner agree, we prepare the terms and an Application for Consent Orders, and a registrar reviews the material and makes the orders if satisfied they are just and equitable for property, and in the best interests of the children for parenting.

For property, consent orders do three things a private agreement cannot. They are enforceable if the other party does not do what they promised. They end the other party's ability to make a further claim on your assets, which a handshake never does. And they open access to the exemption from stamp duty on transfers between separating partners under the Duties Act 2000, and the capital gains tax rollover for qualifying transfers.

For children, consent orders make the arrangements legally binding, unlike a parenting plan. That cuts both ways. Orders bring certainty and enforceability, but they are less flexible than a plan as the children grow. Many families use a parenting plan for the day to day and orders for the framework.

Superannuation splitting has its own requirements. The trustee must be given procedural fairness before the orders are made, and the orders must be expressed in terms the fund will actually implement. Getting this wrong is a common reason a consent order application is rejected.

How we help with your consent orders.

Terms that actually work

Clear obligations, timeframes, who pays what, what happens on default and how the transfer or refinance is effected, not just a summary of what you agreed.

Capture the duty and CGT concessions

Transfers of the family home or an investment property between separating partners can be exempt from duty and eligible for CGT rollover, but only if the orders are framed correctly.

Handle superannuation splits properly

Fund valuations, procedural fairness to the trustee and orders drafted in a form the fund will implement without amendment.

Parenting orders built for real life

Term-time and holiday schedules, changeovers, special days, travel, schooling and decision making, drafted to reduce the number of things left to argue about.

Talk to us if.

  • You have reached an agreement and want it made final
  • A property is being transferred or refinanced as part of the split
  • Superannuation is being split between you
  • You want the stamp duty exemption on the transfer of the family home
  • You have a parenting plan and want it made enforceable
  • The other party's lawyer has sent you draft orders to sign
  • Your application for consent orders was rejected or requisitioned
  • An existing order needs to be varied by agreement

We can act for one of you only. The other party should get their own advice, which makes the orders more robust and less vulnerable to being set aside later.

How consent orders are obtained.

  1. 01

    Confirm the agreement

    We take instructions on the agreed terms and check whether they are within the range a registrar will approve.

  2. 02

    Disclosure and valuations

    Asset values, superannuation statements and any fund information needed for a splitting order.

  3. 03

    Prepare the orders

    Minutes of order and the Application for Consent Orders prepared and sent to both parties for review.

  4. 04

    Sign and file

    Signed by both parties and filed electronically with the Federal Circuit and Family Court.

  5. 05

    Orders made and implemented

    Once sealed, we can assist with the transfer, refinance, duty exemption and superannuation split.

Transparent fees.

Preparing and filing property or parenting consent orders is a fixed fee quoted before we begin, and where both are done together we quote the combined work. Court filing fees and, if needed, valuation or conveyancing costs are disclosed separately. Reviewing and advising on orders drafted by the other side is also a fixed fee.

Request a fixed-fee quote

FAQs

Consent order FAQs.

Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.

Do we have to go to court?
No. Consent orders are made on the papers. Neither party attends. A registrar reviews the application and makes the orders if satisfied the property division is just and equitable and any parenting arrangements are in the children's best interests.
How long does it take?
Preparation usually takes a week or two once we have the agreed terms and the financial information. After filing, the court typically takes several weeks to make the orders, though timing varies with registry workload.
Can a registrar refuse our orders?
Yes. The most common reasons are a division well outside the range a court would consider just and equitable without an explanation, incomplete financial disclosure in the application, or superannuation orders in a form the fund will not accept. Properly prepared applications are rarely refused.
Consent orders or a binding financial agreement?
Consent orders are usually preferable after separation. They are cheaper, court approved, harder to challenge and more readily enforceable, since you cannot bring a contravention application for a breach of a financial agreement. One thing consent orders cannot do is release a future spousal maintenance claim, so where that certainty matters some couples use consent orders for the property division and a short binding financial agreement for the maintenance release. A binding financial agreement on its own is the right tool where the parties want terms a court would not approve, or are documenting arrangements before or during a relationship.
Do consent orders stop a future claim?
Property orders finalise the financial relationship and prevent further property claims, subject to limited grounds to set them aside such as fraud, non-disclosure or impracticability. Parenting orders can always be varied where there has been a significant change in circumstances.
Is stamp duty payable on the transfer?
A transfer of residential property between separating spouses or de facto partners made under an order or agreement is generally exempt from duty in Victoria under section 44 of the Duties Act 2000. The exemption depends on the property type and the relationship, so we confirm eligibility before the orders are prepared.

Related services.

Property settlements

A fair division of assets, superannuation and debts, documented so it is final.

Learn more

Children's arrangements

Parenting plans and orders focused on stability for the children.

Learn more

Binding financial agreements

Pre-nuptial and post-separation agreements that provide certainty in advance.

Learn more

Make your agreement final.

Tell us what has happened and what you need to work out. Start online in a few minutes, or book a consultation and speak to a family lawyer the same business day.

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