What is the Cost of a Consent Order?
Consent Orders are often considered the “gold standard” for finalizing a separation in Australia because they are legally binding, enforceable by the court, and generally much cheaper than a contested trial.
Consent Orders will be filed through the Federal Circuit and Family Court of Australia (FCFCOA).
Here is a breakdown of the costs and how to manage them in 2026. The question What is the Cost of a Consent Order is explained below.
What is the Cost of a Consent Order – The Total Cost Breakdown
There are two main costs: Legal Fees and Court Fees.
- Court Filing Fee $205 Set by Federal Law; fixed regardless of complexity.
- Lawyer Fees (Fixed): $3,500–$8,500 for standard agreed property or parenting orders.
- Lawyer Fees (Complex): $5,000–$10,000+ for matters with complicated assets.
- Expert Reports: $2,000–$5,000, only if needed (e.g., formal property valuations).
Factors Affecting the Cost
Even if you and your ex-partner agree on everything, the following factors can drive up the legal bill
- The Number of Assets: Splitting a single-family home is cheaper than splitting multiple investment
- properties, superannuation accounts, and business interests.
- Parenting vs. Property: Drafting orders for both children and finances takes more time than just one or the other.
- Negotiation: Lengthy back-and-forth between lawyers increases costs.
- Drafting Precision: Lawyers spend time ensuring orders comply with the court, as vague orders risk rejection.
How Law Firms Charge
Most family law firms in Australia use one of two models:
- Fixed Fee: This is the most common for Consent Orders. The firm gives you a “package price” (e.g., $3,800 + GST) to draft and file the documents. This provides price certainty.
- Hourly Rate: Some firms charge by the hour (usually in 6-minute increments). This can be risky if negotiations become stalled, as the clock keeps ticking.
Court Costs and how often are they reviewed
• Current Fee: The filing fee for an Application for Consent Orders is currently $205.
• Review Frequency: Court fees are reviewed annually on July 1st. They usually increase in line with the Consumer Price Index (CPI).
• Fee Waivers: If you hold a Health Care Card or can prove “financial hardship,” you can apply for a fee exemption. To do this, complete and submit the Application for Exemption from Fees form found on the FCFCOA website along with supporting documents (such as your Health Care Card or a written statement of hardship) when you file your Consent Order. If approved, the filing fee is reduced to $0.
• Review Frequency: Court fees are reviewed annually on July 1st. They usually increase in line with the Consumer Price Index (CPI).
• Fee Waivers: If you hold a Health Care Card or can prove “financial hardship,” you can apply for a fee exemption. To do this, complete and submit the Application for Exemption from Fees form found on the FCFCOA website along with supporting documents (such as your Health Care Card or a written statement of hardship) when you file your Consent Order. If approved, the filing fee is reduced to $0.
How to Manage and Reduce Costs
To keep the bill as low as possible for both parties, follow these steps:
- Do the Legwork: Instead of paying a lawyer $550/hr to find your bank statements, gather every financial document (super statements, mortgage balances, tax returns) yourself.
- Agree Before You Call: Use a mediator or a kitchen-table discussion to finalize the “deal” before involving lawyers. The lawyer should be there to document the agreement, not create it.
- Use One “Drafting” Lawyer: One party’s lawyer typically drafts the documents. The other party then takes those documents to a different lawyer for a quick “independent review.” This is much cheaper than having two lawyers draft from scratch.
- Avoid “Scope Creep”: Stick to the big issues. Fighting over $500 worth of furniture can cost you $1,000 in legal fees.
Are Consent Orders worth the investment?
- Yes, almost always. While a “handshake agreement” is free, it offers no protection.
- Stamp Duty Savings: In all Australian Jurisdictions, a Consent Order allows you to transfer property between partners without paying stamp duty (which can save you tens of thousands of dollars).
- Finality: Without a Consent Order, your ex-partner could potentially come back years later (even after you’ve built up more wealth) and make a claim for a property settlement.
- Enforceability: If your ex stops following the parenting schedule, a Consent Order allows the police or the court to step in. A private agreement does not.
What is the Cost of a Consent Order – All questions answered
