You have sorted out who gets what. The hard conversations are behind you, you have agreed on the property and maybe the parenting arrangements, and now you just want it made official without handing thousands of dollars to a lawyer to do it. That is a fair thing to want. Knowing how to apply for a consent order yourself is more achievable than most people expect, and the courts have developed an online portal so everyday Australians can do it without a lawyer.
This article walks you through what a consent order actually is, whether you can lodge one on your own, what goes in the form, and what it costs. Plain language, no jargon, no scare tactics.
What is a consent order?
A consent order is a written agreement that you and your former partner both sign, then ask the court to approve. Once approved, it carries the same legal weight as an order a judge or magistrate would make after a hearing. It can cover how you divide property and finances, the parenting arrangements for your children, or both at once.
You do not attend court for it. You agree on the terms between you, put them in writing, and file them. A judicial officer then reviews what you have proposed. For property, they check the split is just and equitable. For parenting, they look at what is in the best interests of the child. The court can decline to make the orders if something does not sit right, so the agreement needs to be fair and complete before you lodge it.
Can you apply for a consent order without a lawyer?
Yes. You can apply for a consent order without a lawyer, and plenty of separating couples do exactly that. The Federal Circuit and Family Court of Australia and the Family Court of Western Australia publish do-it-yourself kits for people who are not legally represented, and the whole application can be lodged online through the Commonwealth Courts Portal.
The court cannot give you legal advice, because staying impartial is part of its job. What it does give you is the form, the instructions and a kit written for unrepresented people. You can find that do-it-yourself consent orders kit on the court website. If your situation is straightforward, you have both agreed, the assets are clear and no one is hiding anything, then doing it yourself is realistic. Where it gets harder is a business, a self-managed super fund, trickier assets, or a situation where one of you feels pressured. In those cases a short paid review of your orders is money well spent, even when you draft everything else yourself.
One thing worth knowing if you live in Western Australia is that family law property matters there go through the Family Court of Western Australia rather than the Federal Court, and de facto couples follow separate state rules. The idea is the same, the registry and some of the details differ. It’s worth a quick check before you start.
How to apply for a consent order: the steps
To apply for a consent order you complete the Application for Consent Orders, write up the orders you have agreed on, sign them, then file everything through the Commonwealth Courts Portal with the filing fee. A judicial registrar reviews your application and, if the orders are fair, approves them. Here is the path from start to finish.
| Step | What you do |
|---|---|
| 1. Agree the terms | Settle the property, finances and parenting between you and your ex, in full. |
| 2. Complete the form | Fill out the Application for Consent Orders with your details and circumstances. |
| 3. Draft the orders | Write the orders you want made, and prepare an identical unsigned Word version as well. |
| 4. Sign | Both of you sign the proposed orders. |
| 5. File and pay | Lodge online through the Commonwealth Courts Portal and pay the filing fee. |
| 6. Wait for review | A judicial registrar checks the orders are just and equitable, or in the child’s best interests. |
Timing matters. If you were married, you have 12 months from the date your divorce becomes final to apply. If you were in a de facto relationship, you have two years from the date you separated. You can lodge any time after separation, you do not need to wait for a divorce to come through. Miss the window and you will need the court’s permission to file out of time, which is not guaranteed. The court sets all of this out on its how to apply for consent orders page.
What goes in the consent order application form?
The consent order application form asks for the facts the court needs to decide whether your orders should be made. That means details about both of you, your relationship and separation dates, your children if you have any, and a full picture of your finances: what you own, what you owe, your income and your superannuation.
You file at least two documents. The first is the Application for Consent Orders itself. The second is a signed copy of the orders you are asking the court to make. The court has some standard formatting and font requirements for documents sent to it. Don’t worry about getting the formatting right. All of the consent order templates, consent order examples and consent order precedents that we provide at Legal Aspirations comply with the formatting requirements contained in the relevant court rules. Get the format wrong and the application could bounce back adding extra time to the overall processing.
Full financial disclosure is the part people underestimate. Leaving out an asset, particularly a large one, can see the orders being set aside down the track. Lay everything out honestly the first time and you protect the agreement you have worked so hard to reach.
How much does it cost to apply for a consent order?
The main cost to apply for a consent order is the court filing fee, which was $205 from 1 July 2025. Court fees are reviewed every year on 1 July, so check the current figure before you file. If you hold a concession card or you are in genuine financial hardship, you can apply to have the fee reduced or waived.
Compare that to paying a lawyer to draft and lodge the whole thing for you, which usually runs well into the hundreds and often thousands of dollars depending on how complex your matter is. For a couple who have already agreed and simply need it formalised, the gap is the difference between a couple of hundred dollars and several thousand. To apply for the exemption you submit the court’s exemption form with evidence, such as your concession card, at the time you file.
This is where a guided questionnaire takes the friction out of it. Rather than staring at a blank court form, you answer plain questions about your situation and your agreement, and your personalised consent orders are generated for you, ready to lodge. You can see how that works on the Legal Aspirations DIY app.
Frequently asked questions
Do both of us have to agree?
Yes. Consent orders only work when you both agree to the terms and both sign. If you cannot agree, this is not the right path and you would be looking at a different kind of application.
Do we have to go to court?
No. The whole point of a consent order is that it gets approved without either of you attending a hearing.
How long does approval take?
It varies with how busy the registry is. Filing a clean, complete application with full disclosure is the best way to avoid delays and knock-backs.
Can we change a consent order later?
Parenting orders can be changed if circumstances shift significantly and you both agree, or by going back to court. Property orders are usually final, which is exactly why getting the first version right matters.
What if we are past the time limit?
You can still apply, but you will need to ask the court for leave to file out of time, and that sits at the court’s discretion.
Ready to make it official?
Separating is hard enough without a legal process that feels built to keep you out. Knowing how to apply for a consent order yourself puts the decision back in your hands, and for most couples who have already agreed, it is genuinely doable. If you would rather not wrestle with a blank court form, our DIY questionnaire walks you through it question by question and generates your personalised consent orders, ready to file.