What can be included in Consent Orders?
Finalising a relationship is rarely easy, but reaching an agreement with your former partner is a major obstacle already cleared. The next step is making that agreement legally binding. At Kate Austin Law, we specialise in turning these agreements into Consent Orders—a formal court order that gives you and your family finality and protection.
But what exactly can you put in these documents? Whether you are looking at parenting, property, or superannuation, here is a breakdown of what a Consent Order can cover. so What can be included in Consent Orders
1. Parenting Consent Orders
Parenting orders are designed to provide a defined path for your children’s upbringing. Under the Family Law Act 1975 (Cth), specifically Section 60CC, the court’s primary consideration is always the “best interests of the child.”
Standard Inclusions:
- Living Arrangements: Where the child lives and how much time they spend with each parent.
- Parental Responsibility: Who makes the major long-term decisions (education, health, religion). Following the May 2024 amendments, the “presumption” of equal responsibility has been removed, allowing orders to be more designed to individual family safety and needs.
- Communication: How and when the child communicates with the parent they aren’t currently with (FaceTime, phone calls).
- Changeovers: The specific time and location for dropping off and picking up the children.
- Special Days: Complete schedules for Christmas, birthdays, Mother’s/Father’s Day, and school holidays.
2. Property Settlement
A property settlement legally severs the financial ties between you and your ex-partner. This is governed by Section 79 (for married couples) or Section 90SM (for de facto couples) of the Family Law Act.
Standard Inclusions:
- Real Estate: An order for the sale of a home or the transfer of a title from joint names to one person.
- Personal Property: The division of cars, furniture, and household contents.
- Cash and Investments: How your bank accounts, shares, and business interests will be divided.
- Debts and Liabilities: Clearly stating who is responsible for the mortgage, credit cards, or personal loans.
3. Superannuation Splitting
Superannuation is treated as a different type of property under the Family Law (Superannuation) Regulations 2025. You can choose to “split” it or “offset” it against other assets.
- The Split: A specific dollar amount or percentage is transferred from one partner’s fund to the other’s.
- Procedural Fairness: Before the court makes this order, the Trustee of the super fund must be notified and given a chance to object—a technical step we handle for you.
The Common vs. The Unusual
| School holiday rotations | Pet Custody: Who the family dog lives with and “visitation” rights. |
| Division of the family home | Extracurricular Limits: Capping the number of sports a child can do. |
| Payment of the mortgage | Overseas Travel: Restrictions on which countries a child can visit. |
| Non-denigration clauses | First Right of Refusal: If a parent can’t watch the kids, they must ask the other parent before a babysitter. |
What Cannot Be Included?
It is a common misconception that Consent Orders cover everything. However, the following are generally excluded:
- Child Support: This is managed by Services Australia (Child Support) under a different Act. While you can include “notations” about it, the Court generally won’t make orders regarding periodic child support payments.
- Surrogacy Arrangements: Unless a parenting order has already been made, these usually require a different legal path.
- Illegal or Unenforceable Acts: You cannot include orders that contradict public policy or are impossible to enforce what a Consent Order can cover.
Why Use a Specialist Family Lawyer?
While “DIY” kits exist, they almost always lead to “requisitions” (the Court rejecting your documents because they aren’t drafted correctly).
- Correct drafting : We ensure your orders are “Just and Equitable” (the legal standard required for approval).
- Tax Benefits: Properly drafted Consent Orders can exempt you from Stamp Duty on property transfers and provide Capital Gains Tax (CGT) rollover relief.
- Speed: At Kate Austin Law, we offer a 24-hour turnaround on drafting once we have your details.
- Finality: We ensure there are no missed elements that could allow your former partner to “come back for a second bite” years later.
Ready to formalise your agreement?
[Book a free 15-minute clarity call with Rachel or Brendan today.]
FAQ - What can be included in a consent Order
1. How do we divide real estate like our family home or investment properties in Consent Orders?
Consent Orders lay out exactly what happens to every piece of property you own. For example, if you decide to transfer full ownership of a $850,000 house in suburban Brisbane to one partner while refinancing the mortgage, the orders set deadlines for the title transfer and loan release. Alternatively, if you agree to sell an investment unit in Melbourne, the orders state who pays the listing fees, how you select an estate agent, and how you split the final sale proceeds after clearing the mortgage.
2. Can we include superannuation splits and cash accounts in the same agreement?
Yes, Consent Orders pool all financial assets together so you can divide them cleanly at the same time. You can specify exact dollar amounts or percentages to transfer between accounts—for instance, moving $40,000 from an AustralianSuper accumulation account into your ex-partner’s fund. You also cover joint everyday bank accounts, term deposits, share portfolios, and even crypto holdings. The orders explicitly state who keeps which bank account and set dates for transferring cash balances between parties.
3. How do Consent Orders deal with shared debts, credit cards, and car loans?
Consent Orders handle liabilities just as thoroughly as physical assets. If you owe $15,000 on a joint credit card or have a $30,000 car loan on a shared vehicle, the orders state which partner is responsible for paying off or refinancing that debt. They also require the responsible partner to indemnify the other, protecting you if your ex stops making payments. Clearly laying out every debt prevents creditors from pursuing the wrong person down the track.
4. What parenting arrangements can we lock into our Consent Orders?
When you include parenting terms, your orders turn your agreed custody schedule into legally binding rules. You can detail day-to-day living arrangements, such as having your children live with one parent during school weeks and spend alternate weekends and Thursday nights with the other. The orders also cover school holiday splits, Christmas changeover times, passport applications, international travel approvals, and how you make major long-term decisions about health and schooling.
5. How do we address business interests, vehicles, and personal belongings?
Your agreement can specify who retains items such as company shares, family business assets, or sole trader operations, including indemnities to protect the outgoing partner from commercial liabilities in the future, such as taxation liabilities. You can also list physical possessions—assigning ownership of cars, caravans, furniture, or artwork. For instance, the orders can state that one partner keeps the family SUV while the other retains the work ute and boat, and set out clear handover dates for registration transfers.
