Fixed Fee Consent Orders Canberra.
Property Settlements from $3545 plus court fees
Servicing Canberra 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
- ACT 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 $3545.00 – Property Settlement
Financial agreements 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 for property matters and parenting in Canberra
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 orders, property orders , 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 for consent orders and supporting documents to the Federal Circuit and Family Court of Australia, electronically via the Commonwealth Courts Portal, with a filing fee of $205 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:
| Feature | Binding Financial Agreement (BFA) | Consent Orders |
| Cost | 8-15K | 3-4K |
| Court Approval required | Not required | Required (court assesses if “just and equitable”) |
| Legal Advice required | Mandatory for both parties | Highly recommended, but not strictly legally required for filing |
| Flexibility | More flexible, less court scrutiny at creation | Less flexible, subject to court’s “just and equitable” test |
| Enforceability | Enforceable, but may require litigation if breached | Directly enforceable by the court |
| Scope / Areas of Family Law | Primarily financial/property | Financial/property AND parenting orders |
| Privacy | Not disclosed by layers | Not disclosed by the Family Court |
Which one to choose?
Your best option depends on your specific circumstances, priorities, and the level of agreement and trust between the parties.
- Consent Orders are generally preferred if you want the certainty and enforceability that comes with a court-approved agreement, particularly if there are parenting matters to be resolved alongside financial agreements, or if there’s a higher risk of one party not complying with the agreement.
- Binding Financial Agreements may be considered if you prioritize privacy, desire greater flexibility in structuring your financial agreement (perhaps with terms that might not strictly adhere to the court’s “just and equitable” principles but are agreed upon by both parties), or if you want to make arrangements before a relationship breaks down (e.g., a pre-nuptial agreement).
In either case, it is crucial to seek independent legal advice from a qualified family lawyer to ensure that the agreement is appropriate for your situation, legally sound, and that you understand your rights and obligations.
Fixed Fee Parenting Orders – $3445.00 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.
*Fees are for both parties and include GST
Questions about Parenting orders in Canberra
The main advantage of obtaining Consent Orders in the ACT family Court is the peace of mind that it gives to both parties. A Consent Order will finalise your matter in relation to your property settlement and ensure that neither party is able to 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 this is far outweighed by the benefits.
The main advantage of obtaining Consent Orders Qld is the peace of mind that it gives to both parties to their agreed financial agreements and parental responsibility . A Consent Order will finalise your matter in relation to your property settlement and ensure that neither party is able to comeback 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 this is far outweighed by the benefits agreements.
Based on the provided information, here’s a summary of what parenting orders are:
- Definition: Parenting orders are legal orders made by a court regarding the care and welfare arrangements for a child. They allocate parental responsibilities.
- Purpose: They determine arrangements for a child when parents cannot agree. Either parent can apply to the court for a decision.
- Content: Parenting orders can cover various aspects, including who the children will live with, and all aspects of care and welfare.
- Basis: The court makes parenting orders based on the best interests of the child. The Family Law Act guides the court’s considerations.
- Agreement: A court can make a parenting order based on an agreement between parents.
- Parental Responsibility: Parenting orders define who can make decisions about the children.
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 important to note that a parenting order is a legal order made by the court, and each person affected by the order must follow it. Parenting arrangements can be informal or formal agreements 8, but a parenting order is a formal, legally binding arrangement.
Kate Austin and Parenting Consent Orders in Canberra
Consent Orders v a Divorce, What is the difference?
Kate Austin Family law will prepare Parenting Orders to make your parenting plans legally binding in just 24Hrs. We are Accredited Specialists in Family Law with over 20 years’ experience in creating legally binding Consent Orders. We will follow your instructions to the letter to ensure we document your agreement.
Fees are for both parties, including GST for the court orders and the application for Consent Orders
A divorce simply means the end of a marriage, allowing individuals to remarry. It does not involve the division of assets and is not legally binding in terms of asset division. It mainly addresses issues related to children’s care arrangements. As long as separation for twelve months is established and proper arrangements for children are in place, the divorce can proceed.
On the other hand, obtaining consent orders involves reaching agreements with a former partner regarding asset division or children’s care arrangements. These orders are filed and determined based on the agreement, without the need for a court appearance. If the court finds the proposed orders fair, they are formalised as consent orders with the same legal effect as any other court order under the Family Law act.
Stamp Duty Exemptions in Canberra
In the Australian Capital Territory (ACT), similar to other states stamp duty (known as “conveyance duty” in the ACT) exemptions are available for property transfers made as part of a family law property settlement. This provides significant financial relief for separating couples for Stamp Duty Exemptions in Canberra ACT
Legislation for Stamp Duty Exemption in ACT:
The relevant legislation in the ACT that provides for this exemption is primarily the Duties Act 1999 (ACT), which works in conjunction with the Commonwealth’s Family Law Act 1975 (Cth).
Specifically, the key provisions are:
- Duties Act 1999 (ACT):
- This Act governs all dutiable transactions in the ACT. It contains various exemptions, and importantly, it defers to the Family Law Act for property transfers arising from relationship breakdowns. The ACT Revenue Office confirms that conveyance duty is not imposed on transfers made under the Family Law Act
- While specific sections like 90 and 90WA are not directly listed in the Duties Act, the ACT Revenue Office’s guidance explicitly states that transfers made under a court order (including Consent Orders) or a Binding Financial Agreement made under the relevant parts of the Family Law Act are exempt.
The process of getting Consent Orders.
Stamp duty Exemptions
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Family Law – A National Law - Consent Orders Canberra
After 30 years of practicing family law in New South Wales, Kate Austin Family Law now serves clients nationwide from Brisbane. We utilize custom intake forms and digital signatures to assist clients across Australia effectively. Our Practice Manager, Brendan, is available via his mobile phone for support. The Federal Circuit and Family Court of Australia governs family law, and while most of Australia follows the same rules, Western Australia has some variations in its system.
Since 2018, we have successfully handled over 1,720 Consent Orders, including 139 involving parties in Canberra, showcasing our efficiency in family law matters. We foster a positive and safe relationship with our amicable clients. Remember, this is your agreement—it truly belongs to you.
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 have a simple pricing structure that accommodates 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 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 Canberra?
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 are not sure, just 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.
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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 do an instant quote to see its suitable,
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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.
Superannuation in Consent Orders is a large subject.
Do you have to split your superannuation?
No, but it is included in the total of assets each party will receive. When the final percentage split that each party will receive is calculated it must include each parties superannuation.
Some people make allowances for different superannuation balances by making adjustments through other assets, such as extra cast from the sale of a house.
Types of Superannuation.
Accumulation.
In the world of Australian finance, an accumulation fund is the most common type of superannuation account.
Think of it like a long-term savings bucket. The value of your retirement nest egg “accumulates” over time based on the money put in and how those funds perform in the market.
Defined Benefit.
In Canberra, we see a lot of clients with defined benefit funds, typically there
Property Settlement in Canberra and ACT
Who is a Kate Austin Client?
Kate Austin Family Lawyers will be the best-suited law firm for you if you are in the following situation.
- You would like to legally finalise your financial relationship with your previous partner.
- You are still amicable with your previous partner.
- You are seeking a fixed fee arrangement.
- You have a fair agreement that both of you are happy with.
- You have simple separation that both parties are amiicable agreement on.
Matters that are not suitable.
Our service does not suit everybody. It requires clients with a degree of trust in each other seeking a respectful Family Law solution. If you do not have this, then we are not the firm for you.
- You do not have an agreement with your former partner.
- You do not have an agreement with your former partner.
- There is a history of significant domestic violence.
- You are not willing to be open and transparent to the current financial situation.
Stamp duty Exemptions - A general discussion
People and their roles in your matter
Brendan will be the first person you speak with at Kate Austin Family Lawyers regarding Consent Orders Canberra. He has worked alongside Rachel for over 25 years, owning and operating Family Law firms.
Brendan will discuss the consent order process and your agreement in general with you. After that, we will advise you if your matter is suitable for our service, the fixed fees, and the timeframes for completing it.
Rachel will take over your case once you have submitted all the information needed for the draft of your agreement.
She will email you after completing your first draft of your Consent Orders Canberra by the nominated evening. She will handle any necessary changes, finalise the Consent Orders, and submit the signed agreement to the Family Court.
Rachel is an Accredited specialist in Family Law and is ultimately responsible for all aspects of our practice.
Brendan Hanks
Rachel Stubbs
Five Questions about the Kate Austin Process
To submit your Consent Orders to the Family Court, we prepare all the necessary documents. The required documents include:
- Application for Consent Order – Mandatory for all cases.
2. Minute of Order – A written document outlining your agreement.
3. Notice of Risk – Required only for parenting orders.
4. Letters to Superannuation Funds – Requesting approval for splitting.
5. Letters to the Court – As required.
6. Form 6 Valuations – If necessary.
7. Letters to Actuaries – Pertaining to defined benefit superannuation.
8.Any Other Correspondence – As needed for your case. If you have any questions about these documents, feel free to ask!
We are happy to have a general discussion in relation to your consent orders, as this is the first step in understanding your agreement. Our discussion will cover the following topics.
- The main aim is to see If we are suitable for you.
- Generally, see if you have an agreement that would be considered just equitable.
- To see if we both believe we are suitable to work together.
- To discuss how your property agreement would work in your situation. Asset by asset. parenting orders included.
- Explain how the structure of your agreement would be laid out in a minute of order.
- General discussions about timing disclosure and process of your proposed orders.
- Process to start consent orders with our office.
Free consultations are not useful unless you have an amicable agreement. We may direct you to a more suitable service if we are not a good fit.
Yes, we can, as long as everyone understands the rules.
1. We are a neutral party and we do not represent either of you. Our job is to draft the agreement that you have come to without any intervention.
2. Either party can obtain independent legal advice, but it will need to be obtained from another firm.
3. If we believe that we will have difficulties having your matter approved by the Family Court, we will advise you both at the same time.
4. We do not sign the certificate of independent advice on the application for consent orders as we have not provided any legal advice the either party.
5. All our conversations are general in nature refereeing to process with the Family Court and the Family court act.
No, our advice is only general in nature and references the process of obtaining Consent Orders.
Our business model is designed to assist amicable people in drafting a consent order. We are very happy to assist in all aspects of procedural advice but will not assist one party over another.
Each party is free and, if in doubt, should seek their own legal advice.
We service clients all over Australia assisting them with financial agreements especially proposed orders for property matter and financial agreements , and so long as they have jurisdiction anywhere around the world, including Canberra.
We assist married and de facto clients in property and parenting matters
Canberra is an especially important region to us because of the Demand for Defined Benefit Superannuation splitting.
No, unfortunately we do not provide that service.
Our Consultation about Consent Orders is free.
We are happy to have a general discussion in relation to your consent orders, as this is the first step in understanding your agreement. Our discussion will cover the following topics.
Free consultations are not useful unless you have an amicable agreement. We may direct you to a more suitable service if we are not a good fit.
Useful Canberra Links
Family Mediation
Our Family Mediation services help separated couples reach agreements regarding their children. An independent, impartial mediator will assist parties to reduce conflict, negotiate outcomes, and develop techniques to deal with future disputes.
Mediation is available for parents, carers and other family members. Mediation helps people talk with respect and focus on the best outcome for their children.
Common topics include:
- Living arrangements
- Communication
- Co-parenting
- Decision making
- Sharing costs
At Relationships Australia Canberra & Region, we also offer a Child Informed Practice which brings your child’s perspective into the mediation process.
Through Child Informed Practice, a child consultant advocates for the needs of the child. Hearing how their child is experiencing the changes in their family life can help parents to make arrangements that are most beneficial to the child.
Family Court Canberra
State revenue Canberra
State revenue Canberra
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
