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Consent Orders Canberra

Consent Orders Canberra: Fixed Fee Family Law Service.
Property Settlements from $4730 plus court fees

We provide fixed-fee Consent Orders in Canberra for property settlements and parenting matters

You’re here for a good reason.

Who are we?

  1. 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.
  2. We do not interfere with your agreement.  
  3. We have extensive experience in defined benefit superannuation for PSS and Military Superannuation

Welcome to our Consent Orders Solutions for Canberra

  • Legally Binding Agreements: An explanation of how informal agreements are converted into enforceable court orders through the Federal Circuit and Family Court of Australia.
  • Property and Financial Settlements: Guidance on how assets, debts, and superannuation are divided to achieve a “just and equitable” outcome.
  • Parenting Arrangements: Information on formalising schedules, parental responsibility, and communication protocols to provide stability for children.
  • Who It Is For: Specifically tailored for separating or divorcing couples in Canberra and the surrounding ACT region who have reached an agreement and want to avoid the stress of a court trial.
  • The Process and Timeline: A breakdown of the steps involved in drafting your agreement, filing the application for Consent Orders and obtaining the sealed orders from the court.
  • The Importance of Finality: Insights into why these orders are the most effective way to prevent future claims and provide a clean break for both parties.

Applying For Consent Orders

Applications for consent orders should be filed within 12 months of a divorce order taking effect or within 2 years of the breakdown of a de facto relationship. If it’s been longer, talk to us for a solution.
 
To support your Consent Orders property settlement application, you should include the application for Consent Orders, which includes financial assets and liabilities.
 
An Application for Consent Orders can be filed at any time after separation, but should be filed within 12 months of a divorce or within 2 years of the end of a de facto relationship.
 
In addition to filing the application, you will need to pay the consent orders filing fee in the ACT, which is $205.
 
Once filed, your matter will be set down for a Consent Orders Hearing, usually within one to eight weeks.
 
Generally, we see Consent Orders granted in 4 weeks.
Filing an application for consent orders requires eFiling through the Commonwealth Courts Portal. When your application is granted, sealed orders will be available to download. We will manage this for you as your orders are filed on our court portal.
 
The time it takes for the Court to issue consent orders varies with the Court’s workload.
Proposed consent orders must include a Minute of Consent detailing the agreed terms.
 
To submit your consent orders, you must file at least two documents: the Application for Consent Orders form and a copy of the consent orders, both signed by all parties.
 
After both parties have signed the Application for Consent Orders and the proposed orders, file them with the Family Court of Australia and pay the applicable filing fee.

What Do You Need Help With?

Whatever stage of life you’re passing through, we can document and finalise a legal arrangement to help you find certainty.

Property Settlement - fixed fee $4730.00 –

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 

Property Settlement consent orders

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 $215 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:

FeatureBinding Financial Agreement (BFA)Consent Orders
Cost 8-15K3-4K 
Court Approval required Not requiredRequired (court assesses if “just and equitable”)
Legal Advice required Mandatory for both partiesHighly recommended, but not strictly legally required for filing
FlexibilityMore flexible, less court scrutiny at creationLess flexible, subject to court’s “just and equitable” test
EnforceabilityEnforceable, but may require litigation if breachedDirectly enforceable by the court
Scope / Areas of Family Law Primarily financial/propertyFinancial/property AND parenting orders
PrivacyNot disclosed by layers Not disclosed by the Family Court 

Which one to choose?

Consent orders differ from Binding Financial Agreements (BFAs) in that BFAs are private contracts and cannot include parenting arrangements

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 prioritise 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.

Parenting Agreements Consent Orders

Fixed Fee Parenting Orders – $3774.00 plus court fees

Kate Austin Family Law will prepare cost-effective  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

Kate Austin and Parenting Consent Orders in Canberra

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. It may include parental responsibility, day-to-day care of your children, and parenting arrangements in your children’s best interests. 

Fees are for both parties, including GST for the court orders and the application for Consent Orders and will be drafted in a cost effective manner and an efficient time frame.

What are the best interests of the child

What is the cost of getting Consent Orders?

The process of getting Consent Orders.

Consent Orders v a Parenting Plan

The process of getting Consent Orders.

Consent Orders v Divorce

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.
  • Your Consent Orders will be cost-effective and time-effective, legally binding financial agreements drafted under the Family law act. 

The process of getting Consent Orders.

Stamp duty Exemptions

Links to our most popular Consent Order Posts

Family Law – A National Law - Consent Orders Canberra

After 30 years of practising family law in New South Wales, Kate Austin Family Law now serves clients nationwide from its Brisbane office. We utilise custom intake forms and digital signatures to effectively assist clients across Australia.

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.

Our services include financial agreements into financial orders, parenting orders, including parental responsibility and the best interests of children.  

Since 2018, we have successfully handled over 2,720 Consent Orders, including 179 involving parties in Canberra, showcasing our efficiency in family law matters. We foster a positive, safe relationship with our 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.

What Kate Austin WILL do.

What Kate Austin Will do to assist with your Consent Orders.

Associations of Which We’re Part

As experienced family lawyers, we’re also a member of Australia’s leading law associations.
Kate Austin Family Lawyers
Rachel Stubbs Accredited specialist in Family Law
qld law society accredited
Family law section law council of Australia - Kate Austin Family Lawyers
Family Law Practitioners Association - Kate Austin Family Law

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.

Your proposed orders for property matter or parenting orders are fixed and include the filing consent orders on your behalf. 

d fees for Consent Orders in Canberra
Consent Orders in Canberra
  • 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.

  • 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.

  • 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,

  • 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.

    The 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.

Our 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

For filing Consent Orders with the Family Court, we prepare all the necessary documents. The required documents include:

  1. 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.

  1. The main aim is to see If we are suitable for you.
  2. Generally, see if you have an agreement that would be considered just equitable.
  3. To see if we both believe we are suitable to work together.
  4. To discuss how your property agreement would work in your situation.  Asset by asset. parenting orders included.
  5. Explain how the structure of your agreement would be laid out in a minute of order.
  6. General discussions about timing disclosure and process of your proposed orders.
  7. 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. 

Useful Canberra Links

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State revenue Canberra

State revenue Canberra

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