Fixed Fee Consent Orders Adelaide.
Property Settlements from $2970 plus court fees
Servicing Canberra with Consent Orders in 24 hours
You’re here for a good reason.
- You have an agreement and want it to be legally binging
- You are amicable and your matter finalized quickly without outside interference
- South Australia allows for stamp duty exemptions, and you want to be eligible.
- Superannuation Splitting requires a court order.
- The quotes you have been given for Consent Orders in Canberra could be more realistic. There is no reason to pay over $5000 each.
- You have a Simple Separation that shouldn't cost the earth.
- We are a specialised Family Law firm with more than 25 years of experience. We are accredited specialists in Family Law in both NSW and Queensland. We provide Consent Orders in Canberra at a fixed fee.
- We do not interfere with your agreement.
- We have extensive experience in defined benefit superannuation for PSS and Military Superannuation
A fast and cost-effective simple separation solution.
What Do You Need Help With?
Fixed Fee, Full-Service Consent Orders from $2970 – Property Settlement
Property Settlement at a fixed fee. Our fees include all elements of a property settlement. Download a quote, and we will guarantee you our fees for the next six months
*Fees are for both parties and include GST
The Step-by-Step Process for Obtaining Consent Orders in Adelaide
What is the difference between a BFA and Consent Orders in a Property Settlement
Agreement
- Step 1: Parties must reach a mutual agreement on all issues relevant to them, such as asset division, parenting, financial matters, and spousal maintenance via negotiation, mediation, or lawyers.
- Step 2: Agreement must be formally documented in Consent Orders. This includes the Application for Consent Orders form and the Minute of Consent Orders.
- Step 3: Both parties must sign the prepared consent orders.
Submission Process
- Step 4: Submit the completed application and supporting documents to the Federal Circuit and Family Court of Australia, electronically via the Commonwealth Courts Portal, with a filing fee of $200 as of 2025.
- Step 5: A Registrar or Judge reviews the application, ensuring the proposed parenting arrangements are in the best interests of the child and property orders are “just and equitable”
Final Step:
- Once all legal requirements are met, the court approves and “seals” the orders, making them legally binding and enforceable.
The process of getting Consent Orders.
The Key Differences Summarised:
Fixed Fee Parenting Orders – $2470.00 plus court fees
Kate Austin Family Law will prepare Parenting Orders to make your parenting plans legally binding in just 24 hours. We are Accredited Specialists in Family Law with over 25 years of experience.
Questions about Parenting orders in Adelaide
The primary advantage of obtaining Consent Orders in Adelaide is the peace of mind it provides to both parties. A Consent Order will finalise your matter in relation to your property settlement and ensure that neither party can come back in the future for another settlement. Parenting Consent Orders will also set in stone future arrangements for your children so that neither party can change their mind if the circumstances change in the future. Whilst there are costs associated with obtaining Consent Orders, most people find that the benefits far outweigh this.
Here’s what you need to know about Form 11 in Family Law:
- Purpose: Form 11 is the Application for Consent Orders. Consent Orders are best used to apply for court approval of an agreement reached between parties regarding property settlement or other family law matters.
- Content: It’s a prescribed form issued by the Family Court that contains details about the parties, children (if applicable), and the specifics of the agreement they’ve reached.
- Requirement: Along with Form 11, you also need to file a Minute of Consent Orders.
- Who Uses It: While legal practitioners have a specific version, there’s also an “Application for Consent Orders Kit” with instructions for unrepresented litigants.
- Prompt Filing: The application should be filed promptly, ideally within 90 days of a specific date (the provided context does not clarify what this date refers to).
- Exclusions: Form 11 is not used for step-parent maintenance or child support covered by the Child Support (Assessment) Act 1989.
Here’s what you need to know about Form 11 in Family Law:
- Purpose: Form 11 is the Application for Consent Orders. It’s used to apply for court approval of an agreement reached between parties regarding property settlement or other family law matters.
- Content: It’s a prescribed form issued by the Family Court that contains details about the parties, children (if applicable), and the specifics of the agreement they’ve reached.
- Requirement: Along with Form 11, you also need to file a Minute of Consent Orders.
- Who Uses It: While legal practitioners have a specific version, there’s also an “Application for Consent Orders Kit” with instructions for unrepresented litigants.
- Prompt Filing: The application should be filed promptly, potentially within 90 days of a certain date (unclear from the provided context what that date refers to).
- Exclusions: Form 11 cannot be used for step-parent maintenance or child support covered by the Child Support (Assessment) Act 1989.
Parenting orders can include the following:
- Living arrangements: Who the child will live with.
- Time spent: How much time the child will spend with each of the parents and with other significant people, such as grandparents. The time spent with the other parent can be agreed upon or defined in the order 7.
- Parental responsibility: This includes:
- Education
- Religious and cultural upbringing
- Health
- Name
- Changes to their living arrangements
- Other considerations:
- Telephone/email/Skype communication
- Holidays
- Special occasions
- Travel or transport costs
- Children’s Activities
- Medical matters
- Minor incidental financial aspects of arrangements for children.
It’s essential to note that a parenting order is a legally binding order issued by the court, and each person affected by the order must comply with it. Parenting arrangements can be
Kate Austin and Parenting Consent Orders in Adelaide
Consent Orders v a Divorce, What is the difference?
A sealed consent order is a legally binding agreement that has been approved by a court regarding parenting, finances, or property issues
Process: When both parties reach an agreement, they can ask the court to make orders by consent. The judge then finalises the agreement and makes it part of the official record.
Sealing: The court approves and stamps (seals) the consent order, making it an official court document. This “sealing” signifies that the judge has finalised the agreement.
Legal Effect: Once sealed, the consent order becomes legally binding, and both parties must adhere to the terms set out in the order.
Timing: In uncomplicated matters, the court generally issues sealed consent orders within one month after filing, although it could take four to six weeks. It can take the court 10 working days to send the sealed copy of the order after the request and payment are received.
Confidentiality: Filing “under seal” is a separate procedure to protect sensitive information from becoming a public record; however, this is not the primary meaning of “sealed consent orders” in the context of family law.
- Divorce: Is the legal process that will formally end a marriage. It’s the legal termination of the marriage.
- Property Settlement: Is a process that divides property and debts between separating couples (whether from a marriage or a de facto relationship). It severs the financial ties and distributes the assets . It sets out how a couple’s assets and liabilities will be divided after they separate .
In short, a divorce ends the marriage, while a property settlement divides the assets and debts accumulated during the marriage. A divorce settlement entails which spouse gets what property and what responsibilities once the marriage is over . If you get a divorce and haven’t worked out your property arrangements yet, you must apply to court for property orders within 12 months of your divorce.
Stamp Duty Exemptions in Adelaide
In Adelaide, South Australia, the primary legislation that allows for a stamp duty exemption on property transfers made under a consent order is the Stamp Duties Act 1923 (SA).
Key Sections of the Act
The specific sections of the Act that are most relevant to family law property settlements are:
- Section 71CA: This is the main provision that provides an exemption from stamp duty for transfers of property made under a “Family Law agreement” or “Family Law order.” A Consent Order issued by the Federal Circuit and Family Court of Australia is a type of Family Law order that falls under this section. The exemption applies to transfers of property between parties of a marriage or a de facto relationship that has broken down. It covers various types of property, including residential homes, investment properties, and land.
- Section 71CB: This section provides a specific exemption for transfers of a principal place of residence or a motor vehicle between spouses or domestic partners. This exemption can sometimes be claimed via a statutory declaration, without a formal consent order, provided the Commissioner of State Taxation is satisfied the relationship has broken down. However, for more complex settlements involving multiple assets or investment properties, a formal consent order is generally required to qualify for the exemption under Section 71CA
How It Works
To obtain the stamp duty exemption in Adelaide, the property transfer must be a direct consequence of a marriage or de facto relationship breakdown and must be formalized by a legally approved instrument. For stamp duty purposes, this includes:
- A Consent Order which has been sealed by the Federal Circuit and Family Court of Australia.
- A Binding Financial Agreement (BFA) that is legally binding on the parties under the Family Law Act 1975 (Cth).
Stamp duty exemptions in South Australia
Stamp duty Exemptions in Australia
Links to our most popular Posts
- What are Consent Orders?
- What can you include in Consent Orders.
- Do Consent Orders finalise the financial relationship?
- What are the Benefits of Consent Orders in Adelaide
- Are Consent Orders Legally Binding in South Australia
- Are Consent Orders Final - Is it over? .. Yes, it is
- What is the process for obtaining a a Consent Order?
- What does " Just and Equitable mean" in Consent Orders
- Do you need independent Legal Advice for Consent Orders
- What is a minute of Order?
- Consent Orders V Parenting Plans what is the difference?
- Consent Orders v A Binding Financial Agreement
- Why do Consent Orders need to be in "the best interests of the Child"
- Can Consent Orders be changed?
- Child Support in Consent Orders? What can be included.
- Do you need to be divorced before you get Consent Orders.
Family Law – A National Law - Consent Orders Adelaide
Federal Law (Uniformity across Australia)
The vast majority of family law matters are governed by the Family Law Act 1975 (Cth), which is a federal law. This means that for issues such as divorce, parenting arrangements (including custody and care of children), and the division of property and finances for married couples and de facto relationships, the same laws and principles apply throughout Australia.
The Federal Circuit and Family Court of Australia (FCFCA) is the national court that hears these matters, ensuring consistency in the application of the law across all states and territories.
The Mutual Recognition Principle
The Mutual Recognition Principle
The Mutual Recognition Act 1992 (Cth) is the key piece of federal legislation that allows a person who is registered for an occupation in one state or territory to be entitled to be registered for the equivalent occupation in another, after notifying the local regulatory authority.
For lawyers, this means:
- Admission to Practice: Once a person is admitted to the legal profession by the Supreme Court of one Australian state or territory, they are considered an “Australian lawyer.” This admission is recognised in all other jurisdictions under mutual recognition laws. This removes the need for a separate admission process in each state.
- Practising Certificates: While admission is national, a lawyer still needs a practising certificate actually to provide legal services. The relevant regulatory body issues the practicing certificate in a specific jurisdiction (e.g., the Law Society of South Australia or the Law Society of New South Wales). However, a lawyer with a current practising certificate from one state can generally practice in other states without obtaining a new one. Kate Austin Family Lawyers holds its practicing certificate in Queensland.
The Federal Circuit and Family Court of Australia (FCFCA) is the national court that hears these matters, ensuring consistency in the application of the law across all states and territories.
The Kate Austin Service
What Kate Austin will NOT do.
It's the things we don’t do that set us apart.
- We do NOT try to change your agreement.
- We do NOT negotiate between parties.
- We do NOT get involved arguments between parties.
- We will advise on the “Just and Equitable” jointly
- We are Happy to work with both parties - we are neutral and dont represent either side
What Kate Austin Will do to assist with your Consent Orders.
- Free Initial discussion about your consent orders.
- Work with both parties on drafting your agreeement
- Continual updates on the progress of your agreement.
- Access to our office to answer questions in relation to your matter.
- Drafting the application for Consent orders and theMinute of order. for submission of your application for Consent Orders to the Family Court
- Custom drafting of your agreement by Rachel Stubbs
- Suggested notations on your orders.
Associations of Which We’re Part
Get an Online Quote With No Surprises
You will be able to calculate the fixed cost based on your specific circumstances and receive a reliable quote. We offer a straightforward pricing structure that suits all situations. There is a price for property settlement, with an additional cost for a superannuation splitting order if required. Additionally, we have a price for parenting orders. Parenting Consent Orders can be done with or without a property Settlement.
We have a price for a property settlement, with an additional cost for a superannuation splitting order if required. We also have a price for parenting orders.
Five questions we always get asked about a Consent Order.
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Can you work with Clients in Adelaide?
Answer: Yes - Family Law is the same all over Australia. So long as you are an Australian resident, we can assist you. Our clients are all over the world. If the Family Court has jurisdiction over your matter, we can help. If you're unsure, please don't hesitate to ask us.
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Will you work with both us? - we only want 1 lawyer.
Answer: Yes, so long as you understand we are a neutral party and do not represent either of you. We will not favor one client over the other; if there is a dispute, we will step back and wait for your resolution.
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Can you give us a fixed fee?
Answer: We only provide fixed fees. We do this because clients demand it, and it removes any disputes over fees. Please request an instant quote to see if it's suitable. All payments are agreed upon prior to commencing the drafting process of your agreement.
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Will the Family Court accept our agreement?
Answer : We will discuss your agreement with you. If we don't think it will be accepted, we will advise you both and suggest alternate solutions with other lawyers.
Court only accepts matters based on them being “just and equitable” – this is part of our initial discussions to see if we are suitable for each other.
Superannuation in Consent Orders.
Obtaining a superannuation split through a Consent Order in Australia involves a multi-step process governed by the Family Law Act 1975 (Cth) and its associated regulations. This process ensures the split is legally valid and binding on the superannuation fund trustee.
Here is a step-by-step breakdown of the process:
Step 1: Obtain a Valuation of the Superannuation Interests
Before you can split superannuation, you need to know its value. The method for valuing superannuation varies depending on the type of fund (e.g., accumulation vs. defined benefit).
- Obtain a Valuation: For simple accumulation funds, the latest member statement may be sufficient. However, for more complex interests, such as defined benefit funds, an actuarial valuation may be required to determine the correct value for a family law property settlement.
Reach an Agreement
- A specific dollar amount (a “base amount”).
- A specific percentage of the superannuation interest.
Step 3: Draft the Consent Orders
Once an agreement is reached, the terms must be drafted into an Application for Consent Orders. The superannuation splitting clauses in the orders will be drafted with precise legal wording, referencing the correct sections of the Family Law Act 1975 and the Family Law (Superannuation) Regulations.
Step 4: Give “Procedural Fairness” to the Superannuation Fund
This is a critical step that cannot be skipped.
- The 28-Day Rule:
- Proof of Service:
Step 5: File the Application with the Court
After the 28-day period has passed and any issues raised by the fund have been addressed, the Application for Consent Orders can be filed with the Federal Circuit and Family Court of Australia.
The following documents are typically required:
- The signed Application for Consent Orders form.
- The draft orders signed by both parties.
- Proof of the value of the superannuation interest (e.g., the latest member statement or actuarial report).
- Evidence of procedural fairness provided to the superannuation fund (e.g., a copy of the letter sent to the fund).
Step 6: Court Review and Approval
A Registrar or Judge of the Court will review the Application for Consent Orders to ensure the proposed orders are “just and equitable.”
Step 7: Serve the Sealed Orders on the Superannuation Fund
Once the Consent Orders are sealed by the Court, a certified copy of the final orders must be served on the superannuation fund trustee.
How long do Consent Orders take?
Kate Austin Family Lawyers
At Kate Austin Family Lawyers, after receiving your intake forms, we aim to have your first draft ready within 24 hours. We’ll notify you of the drafting day and appreciate your availability for any questions. Your matter will be initiated in the morning, with the draft provided by evening. Any necessary changes will be completed within 24 hours.
When you’re ready to sign, we offer an electronic signature solution that can be accessed via your mobile device. After both parties sign, we’ll submit your application for Consent Orders in Adelaide online.
Please note that court approval may take up to 4 weeks, and processing times may be longer around Christmas and school holidays.
How long to approve Consent Orders
Can the Family Court change our Consent Orders?
When you submit your application for consent orders and the proposed agreement, you are asking the Family Court to either accept or reject the proposed Consent Orders. The Court will not make a decision to change your agreement without your consent.
Stamp duty Exemptions
What is “just and equitable” in Consent Orders?
“Just and equitable” involves the concept of fairness in the agreement between the parties.
This is a very complex question, and it involves lots of variables. These may include.
- Length of the relationship
- Contributions during the relations ship
- Children’s age and health
- Parties’ age and health
- Any future needs a party may have.
Contact Us
Kate Austin Family Lawyers
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Head office:
Level 54, 111 Eagle Street Brisbane QLD 4000 -
Sydney office:
Level 36, 1 Farrer Pl Sydney, NSW 2000 -
Melbourne office:
Suite 805 , Level 8, 220 Collins street Melbourne, VIC 3000 -
Office Hours:
Monday – Friday: 9AM – 5PM
