Why should you get your Property and Children’s Consent Orders at the same time
In Melbourne, many people choose to handle their property split and their parenting arrangements as two separate tasks. However, combining them into a single set of Consent Orders is often the smartest move for a “clean break.”
Here are the primary benefits of handling both at once:
1. Cost and Efficiency
Filing for Consent Orders involves a court filing fee (currently around $205 (01/01/2026) in the Federal Circuit and Family Court of Australia). If you file for property orders now and decide to do parenting orders six months later, you will likely have to pay that fee twice. By doing them together, you only pay one filing fee and your lawyer only has to draft and file one set of application documents. It’s essentially a “two-for-one” deal on the legal process.
2. Strategic “Package” Negotiations
Separation is rarely just about one thing; everything is interconnected. For example, you might agree to let one parent stay in the family home (property) because it is closer to the children’s school (parenting). By negotiating both at the same time, you can create a “global settlement” where the financial arrangements actually support the practicalities of raising your children. It allows for trade-offs that make sense for your family’s specific lifestyle.
3. Total Finality (The “Clean Break”)
If you only settle the property side, the “door” is still open for disputes regarding the children. If you only settle the kids’ side, your finances remain tangled. Doing both simultaneously provides a complete legal “off-ramp.” Once the court approves the orders, every major aspect of your former life is legally resolved. This prevents one person from using a property dispute as “leverage” in a parenting argument (or vice versa) later down the road.
4. Meeting the Court’s “Just and Equitable” Test
When a Court Registrar looks at your property split, they have to decide if it is fair. One of the main things they look at is the future needs of each person, which almost always depends on who is looking after the children and for how much time. If the Court sees the parenting orders and the property orders together, it’s much easier for them to see why the money is being split a certain way. It provides the “full picture” that makes a Judge or Registrar more likely to approve the deal quickly. Property and Children’s in Consent Orders at the same time make sense
5. Emotional Closure – Property and Children’s in Consent Orders
Separating is emotionally draining. Stretching the process out by dealing with property in January and children in June keeps you in a state of “legal limbo.” Completing both at once allows you to sign the papers, wait for the court’s approval, and then truly move on. It reduces the number of times you have to sit down with a lawyer or negotiate with your ex, which is often the biggest relief for people living in Victoria.
