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.]
