Do Consent Orders need to be signed by a Lawyer?
Navigating the world of family law can feel like a maze, so let’s clear up the confusion around Consent Orders versus Binding Financial Agreements (BFAs). While they both achieve a similar goal, the “rules of the game” are quite different.
1. Do Consent Orders Require Independent Legal Advice?
The short answer is no. Unlike a Binding Financial Agreement (BFA), it is not required to have a lawyer sign off on a Consent Order. You and your ex-partner can download the “DIY kit” from the Court’s website, complete it, and file it yourselves.
2. Why are they different from BFAs?
This is the most common point of confusion. Here is the reason for the different rules:
- Binding Financial Agreements (The Private Contract): A BFA is a private contract. The Court never looks at it. Because there is no judge to determine whether the deal is fair, the law requires that both parties obtain independent legal advice. This ensures neither person is being bullied or signing something they don’t understand. The lawyers act as the “guardians” of the process.
- Consent Orders (The Court-Vetted Order): When you file for a Consent Order, a Registrar or Judge actually reads your agreement. They have a legal duty to ensure the split is “just and equitable” (for property) and in the “best interests of the children” (for parenting). Because the Court acts as the “referee,” the law feels it is safe for you to represent yourselves.
3. Why don’t they need to be signed by a solicitor?
Since a lawyer isn’t mandatory, you don’t need their signature on the documents. However, your signatures on the Application for Consent Orders (Form 11) must still be witnessed. If you aren’t using a lawyer, you can have your signature witnessed by:
- A Justice of the Peace (JP)
- A Commissioner for Declarations (Cdec)
- A Lawyer (if you choose to use one for this part)
4. What happens if I choose NOT to get legal advice?
On the application form, there is a specific box you must tick to confirm whether or not you received legal advice.
- If you tick “No”: The Court may look at your application with a slightly more “fine-toothed comb.”
- The “Requisition”: If the Registrar thinks the deal looks significantly unfair to one side (e.g., one person gets 90% of the assets and the other gets 10% for no clear reason), they will send a letter called a requisition. This asks you to explain why the deal is fair or to provide more information. If they still aren’t satisfied, they can reject the application entirely.
5. Reasons to Get (or Not Get) Independent Advice with Consent Orders
Clarity: Lawyers use specific “court-speak” that ensures the orders are actually enforceable. | Cost: Legal fees can be expensive (though often cheaper than fixing a mistake later). | |
Hidden Assets: A lawyer might spot that you’ve forgotten to account for things like tax (CGT) or superannuation nuances. | Simple Estates: If you have very few assets (e.g., just some savings and a car) and the split is 50/50. | |
Protection: It’s much harder for an ex to challenge a Consent Order later if you can prove you both had advice. | High Trust: If you and your ex are on excellent terms and the agreement is straightforward. |
Summary of the Rules
- Agreement: You must agree to all terms.
- Paperwork: Complete an application for Consent Orders and the Minutes of Order.
- Digital Filing: As of 2026, you must also provide a Word document version of your orders so the Court can easily edit and stamp them.
- Full Disclosure: You both have a “duty of disclosure”—you must tell the truth about every dollar you own. If you lie, the orders can be overturned years later.
FAQ - Do you need a Solicitor to sign your Consent Orders
1. Does a Consent Order have to be drafted by a solicitor?
No, Australian law does not require you to hire a solicitor to draft your Consent Order application or minute of Order. The Federal Circuit and Family Court of Australia provides DIY kits allowing separating couples to draft and submit their own paperwork. However, preparing court documents requires strict compliance with standardised legal principles, precise property details, and procedural rules—such as providing 28 days’ notice to superannuation funds. Drafting errors often trigger court requisitions or administrative rejections that delay final approval.
2. Is independent legal advice mandatory before signing a Consent Order?
Unlike Binding Financial Agreements (BFAs), which strictly require both parties to obtain independent legal advice from separate lawyers, Consent Orders have no requirement for legal representation. The court relies on a judicial registrar to review the Application and verify that the financial division is “just and fair” or that parenting arrangements serve the child’s best interests. While independent legal advice remains strongly recommended if you feel uncertain about your rights, amicable couples can submit their Consent Orders without legal advice directly to the Family Court
3. Do we have to appear before a judge to get our Consent Orders approved?
No, you do not need to appear before a judge to obtain Consent Orders. The Federal Circuit and Family Court handles Consent Order applications through a purely administrative process via the Commonwealth Courts Portal. Once you upload your signed Application and draft Minute of Orders, a court registrar reviews the documentation in chambers. If the registrar confirms the terms meet legal fairness standards, they seal the orders electronically and upload them to your online file. Discover how administrative court approvals work at Consent Orders Family Law Services.
4. How long does it take for the court to approve and seal a Consent Order?
Once you have submitted your Application for Consent Orders and draft Minute of Orders through the portal, court approval typically takes 2 to 6 weeks. Registry workloads across the country dictate exact response times. If your agreement includes a superannuation split, you need to plan for the mandatory 28-day procedural fairness notice period allowed to the fund trustees before you file your documents for court filing. Working with experienced lawyers who prepare the application prevents court requisitions that add unnecessary weeks to your timeline. Read about expected processing schedules at Consent Orders Family Law Services.
5. Can a Consent Order be varied or overturned after the court seals it?
Consent Orders are designed to provide permanent legal finality, making them exceptionally difficult to overturn once the court seals them. Under Section 79A (for married couples) and Section 90SN (for de facto couples) of the Family Law Act 1975, the court will only set aside property orders under rare, narrow grounds. These include a proven miscarriage of justice due to fraud, duress, or material non-disclosure of assets, or extreme impracticability arising from default. Outside of these strict statutory exceptions, finalised orders remain permanently binding on both parties. Review the strict rules for challenging orders at Consent Orders Family Law Services.
Important Legal Disclaimer
This publication by Kate Austin Family Lawyers provides general information only. It does not constitute formal legal advice and does not account for your personal circumstances, current financial situation, or unique family dynamics. Family law is complex and changes frequently. Reading this content does not create a solicitor-client relationship. You should not act or rely on this information without professional guidance. Every situation is different, and all parties must seek independent legal advice tailored to their specific circumstances before attempting to alter any court orders. Contact a qualified family law practitioner to discuss your specific legal matter today.
About The Author
Rachel Stubbs
Rachel is the Principal of Kate Austin Family Lawyers and a Law Society Accredited Specialist in Family Law, with over 25 years of dedicated family law expertise. Having spent most of her career engaged in family law litigation, Rachel now prioritises out of court resolutions for family law clients through consent orders. Her extensive knowledge of family law and capacity to draft order for any situation, whether property or parenting, sees her clients in good hands and ensure a smooth, minimal stress pathway through the family law system. – Meet Rachel
