Can you change Consent Orders once they are approved?
When the Federal Circuit and Family Court of Australia approves your consent orders, they become legally binding court orders. The court designs these orders to bring finality to your separation.
However, life does not stand still. Children grow, jobs change, and people relocate. When your formalised arrangements no longer fit your daily reality, you can change them. How you modify a consent order depends entirely on whether you and your former partner agree on the changes.
When You Both Agree: The Smoother Path
If you and your ex-partner are on the same page about modifying your arrangements, the process is straightforward, cost-effective, and rarely requires a court appearance.
For Parenting Orders
If you both agree to change arrangements for your children, you have two primary options under the Family Law Act 1975 (Cth):
- A Parenting Plan: You can draft a new, written agreement that is signed and dated by both parents. Under Section 64D of the Act, a subsequent parenting plan can automatically vary the terms of an existing parenting order unless the original order explicitly states otherwise. Note: A parenting plan is flexible but not legally enforceable by the court.
- New Consent Orders: If you want the security of an enforceable order, you can file a new Application for Consent Orders to formally vary or discharge the old ones.
For Financial and Property Orders
Unlike parenting matters, an informal agreement or contract cannot safely alter a final property order. If you both agree to change financial terms—such as modifying the sale date of a matrimonial home—you must file a new Application for Consent Orders. The court will review the new application to ensure it remains “just and equitable” under Section 79 (for marriages) or Section 90SM (for de facto relationships).
When You Disagree: The Strict Legal Threshold
If one party wants to change the orders but the other refuses, the situation becomes significantly more complex. The court enforces a strict policy of finality to prevent families from constantly re-litigating old disputes. You cannot ask a judge to alter an order simply because you regret the original deal or find it inconvenient.
The Rule for Parenting Orders (The Threshold Test)
To alter parenting orders against the other parent’s wishes, you must first pass a high legal barrier known as the threshold test. This test stems from the landmark case of Rice v Asplund (1979) and is formalised under Section 65DAA of the Family Law Act 1975.
The court will refuse to reconsider your case unless you prove there has been a significant change in circumstances since the original orders were made. Valid examples include:
- A parent planning a major, legitimate relocation for work or family support.
- A significant decline in a parent’s physical or mental health.
- An older child explicitly expressing a strong, mature desire to alter their living arrangements.
- Evidence of abuse, family violence, or severe neglect that has emerged since the orders were issued.
If you pass this threshold, the court’s ultimate consideration is always what serves the best interests of the child under Section 60CA.
The Rule for Property and Financial Orders
Overturning or modifying a final property order without mutual consent is exceptionally difficult. Under Section 79A (or Section 90SN for de facto couples) of the Act, the court will only set aside or vary a final property order under strict, narrow grounds:
- Miscarriage of Justice: Evidence of fraud, duress, suppression of assets, or false evidence.
- Impracticability: It has become completely impossible to carry out the order.
- Default: One party has failed to comply with the order, causing hardship to the other.
- Exceptional Circumstances: New circumstances relating to the care of a child have arisen, causing extreme hardship if the order is not changed.
FAQs about Changing Your Consent Orders in the Future
1. Can my ex-partner and I change our Consent Orders if we both agree to the changes?
Yes, you can change your Consent Orders when both parties agree on the new terms. You can formally update your arrangement by submitting a fresh Application for Consent Orders to the Federal Circuit and Family Court of Australia. The court reviews the fresh draft to ensure the updated property split remains “just and equitable” or that the revised parenting schedule continues to serve your children’s best interests. Once sealed, the new orders replace your original agreement completely. Learn more about mutual variations at Can Parties Change Consent Orders.
2. Can I alter my parenting Consent Orders if my ex-partner refuses to cooperate?
If your former partner refuses to change a parenting order, you cannot alter it unilaterally. Courts prioritise stability for children and strictly apply the Rice & Asplund principle. Under this rule, you must prove a “significant change in circumstances” has occurred since the court sealed the existing orders were approved —such as a parent relocating, severe health issues, or an older child’s changing needs. Without proving this major shift, the court will dismiss your application. Discover the threshold for changing parenting orders at Can Parties Change Consent Orders.
3. What grounds allow the court to set aside a financial or property Consent Order?
The court sets aside finalised property orders under Section 79A of the Family Law Act 1975 only under rare statutory circumstances. To reopen a property case without mutual consent, you must prove a miscarriage of justice occurred due to fraud, duress, or non-disclosure of assets. You can also apply if fulfilling the order becomes practically impossible, or if one party defaults on their obligations. Regret over an existing agreement does not constitute grounds for alteration. Read about overturning property splits at Can Parties Change Consent Orders.
4. What happens if my ex-partner defaults on their obligations under our Consent Orders?
If your ex-partner fails to carry out a required duty—such as refusing to sign property transfer documents or failing to refinance a joint mortgage—they commit a legal breach. You can apply to the court for enforcement or contravention orders. In serious default cases, the court can vary the existing terms, authorise a court registrar to sign documents on the defaulting party’s behalf, or set aside the order entirely. Explore how to handle order defaults at Can Parties Change Consent Orders.
5. How can we ensure our initial Consent Orders don't require costly changes later?
The most effective way to avoid future disputes is to draft the consent orders correctly in the beginning. Your initial agreement should anticipate foreseeable changes, such as children starting school, salary growth, or eventual property sales. Providing complete financial disclosure during the initial application eliminates future claims of asset suppression or fraud. Having the agreement drafted correctly to reflect your wishes is extremely important.
