General information about property consent orders. Your circumstances may need individual legal advice.
You both need to agree to the terms
Consent orders are a way to ask a court to formalise an agreement. They do not decide an unresolved dispute for you. Both people need to understand the proposed division and be willing to sign.
You can be discussing the final details when you first explore Split Ways. Before applying, the agreement needs to be specific: what each person keeps, what changes hands and how those changes will happen.
The financial picture needs to be complete
An amicable conversation is a useful start, but both people also need accurate information. Assets held in one name can still matter. Joint ownership is not a prerequisite for a property settlement.
- List property, savings, investments, superannuation and relevant business interests.
- Include liabilities and use supported, current values.
- Exchange the information needed to understand each other’s position.
- Check that transfers, payments and any refinance are workable.
Check the legal pathway and timing
Married and eligible de facto couples may apply for property orders. A divorce application is separate from the property settlement process. De facto eligibility involves additional legal requirements; a short website check cannot determine every jurisdictional issue.
The usual federal application limits are 12 months after a divorce takes effect, or two years after a de facto relationship ends. Applications outside these limits need specific attention. Western Australia has its own court process, with different legislation generally applying to de facto property matters.
Understand the time limitsBeing eligible to apply is different from fitting our service
Split Ways is designed for people working towards an agreed property settlement through a safe, voluntary process. We check the circumstances before directing anyone to Abbey or asking them to choose a package.
Existing court proceedings, a serious disclosure dispute, pressure to sign or a situation needing urgent protection can require a different service. Answer the suitability questions as things stand today. You do not need exact account balances at this stage.
If we fit, choose the support you need
You can compare the packages and pay when you feel ready. If you qualify but want reassurance first, request a conversation with Abbey about the service and your next step.
A positive suitability result is not court approval. The court still assesses the proposed orders, and you should understand their consequences before signing.
See package inclusions and feesA few common questions
Do we need to be divorced?
Divorce and property consent orders are separate processes. You do not generally need to wait for a divorce to settle property matters. Check your circumstances and any applicable time limit.
What if we have not agreed on the split?
Work through the unresolved terms first. A property estimate can help start a discussion, while mediation or individual legal advice may be appropriate if agreement is difficult.
Does a suitable result mean the court will approve?
No. Our questions check service fit. The court makes its own decision about the proposed orders.
Check the original guidance
Court requirements can change. Use the official guidance when preparing an application.
FCFCOA: when you have agreedFCFCOA: applying for ordersFCFCOA: property and financesFamily Court of WA: applying for consent orders