General information about property consent orders. Your circumstances may need individual legal advice.
A private agreement is not a court order
Writing down an agreed division can make the discussion clearer. It does not, by itself, give the document the status of consent orders.
If you want the court to formalise the arrangement, the proposed terms and financial information must be presented through the relevant application process.
Make the terms specific
A percentage alone leaves practical questions unanswered. List the assets, debts and actions needed to deliver the agreed result.
- Identify who keeps or receives each asset.
- Set out agreed payments and their timing.
- Address a home sale or transfer and any associated refinance.
- Identify any superannuation split and the fund involved.
Understand the commitment before signing
Once made, consent orders carry legal obligations. They should not be treated as a flexible draft that can be changed whenever plans change.
Take time to understand the effect on your finances and future arrangements. Independent advice can help with questions about rights, responsibilities or whether the proposed outcome is appropriate.
Orders and implementation are separate steps
A sealed order does not itself refinance a loan or complete every land-title step. Coordinate the work needed with the lender, conveyancer, superannuation fund or other relevant organisation.
Tax and transfer-duty treatment depend on the transaction and jurisdiction. Do not assume a waiver applies to a future property purchase simply because you have consent orders.
Check the original guidance
Court requirements can change. Use the official guidance when preparing an application.
FCFCOA: when you have agreedFCFCOA: property and finances