Can I Do My Own Consent Orders in Australia (2026), Risks, Form 11, Costs & Timelines

Last updated: 8 July 2026

If you and your former partner have reached an agreement about property, finances or parenting arrangements, the next question is almost always the same: can I do my own consent orders without paying a lawyer thousands of dollars? The short answer is yes, in many straightforward situations you can prepare and lodge a Form 11 Application for Consent Orders yourself through the Federal Circuit and Family Court of Australia (FCFCOA). However, DIY consent orders carry real risks: ambiguous drafting, incomplete financial disclosure and overlooked superannuation splits are among the most common reasons applications are returned or, worse, create binding obligations that do not reflect what the parties actually intended.

This guide walks through every step, from the initial “should I DIY? ” decision to e-filing through the Commonwealth Courts Portal, so you can make an informed choice about whether to self-represent or engage a family law specialist.

Quick Answer, Can I Do My Own Consent Orders?

Yes, you can prepare, sign and file consent orders without a lawyer, and many Australians do so successfully each year. The FCFCOA provides a free Application for Consent Orders kit (sometimes called the “Do It Yourself Kit”) that includes Form 11, guidance notes and a sample minute of consent orders. That said, doing your own consent orders is only sensible when certain conditions are met.

Quick Decision Checklist

Before you commit to the DIY path, run through these five checks. If you answer “no” to any of them, industry observers consistently recommend obtaining at least a limited-scope legal review before filing.

• Full agreement. Both parties genuinely agree on every term, property division, superannuation, debt allocation and (if applicable) parenting arrangements, with no outstanding disputes.
• Simple asset pool. The assets are straightforward (bank accounts, a family home, vehicles, standard super funds) with no trusts, corporate structures, or business interests requiring valuation.
• No power imbalance. Neither party has been pressured, coerced or left without access to relevant financial information.
• No complex children’s issues. If parenting orders are included, there are no family violence concerns, relocation disputes or disagreements about the child’s best interests.
• Statutory time limits are met. For married couples, the application must generally be filed within twelve months of divorce; for de facto couples, within two years of separation, though leave to apply out of time can be sought.

If every box is ticked, a self-prepared application is a realistic option. Read the full guide below for the step-by-step process, costs, timelines and common pitfalls.

What Is a Consent Order and Is It Legally Binding?

A consent order is a written agreement between separating parties that has been approved and sealed by the FCFCOA, making it a legally enforceable court order. The power to make consent orders derives from the Family Law Act 1975 (Cth). Once the court is satisfied that the proposed orders are “just and equitable” (for property matters) or “in the best interests of the child” (for parenting matters), a judicial officer or registrar will seal the orders without requiring either party to attend a hearing.

It is important to distinguish the two documents involved. Form 11 is the formal application, the cover document that tells the court who you are, what type of orders you seek and which court has jurisdiction. The minute of consent orders is attached to Form 11 and contains the actual terms the parties want the court to approve. Both documents must be signed by each party and, where relevant, witnessed. Once sealed, the consent orders are enforceable in exactly the same way as orders made after a contested trial. Non-compliance can lead to enforcement proceedings, contempt applications and, in parenting matters, potential contravention penalties under the Family Law Act.

DIY vs Lawyer-Drafted Consent Orders, Comparison Table and Risks

The decision between doing your own consent orders and engaging a lawyer is not binary. Many people take a middle path: they draft the documents themselves and then pay for a fixed-fee legal review before filing. The table below compares the two approaches across the factors that matter most.

Common Drafting Mistakes

Registry staff at the FCFCOA regularly return applications for defects that a brief legal review would have caught. The most frequent errors include:

• Vague property descriptions. Referring to “the house” instead of the full address, certificate of title reference and registered proprietor name.
• Missing superannuation detail. Failing to identify the fund, include a Superannuation Information Kit response, or specify whether the split is by percentage or base amount.
• Incomplete financial disclosure. Omitting liabilities, credit card debts or interests in family trusts and companies.
• No enforcement mechanism. Drafting an order that says one party “should” transfer property rather than using mandatory language such as “shall” or “is to”.
• Unsigned or improperly witnessed documents. Each party must sign the minute and Form 11; signatures should be witnessed by an independent adult.

Risk Scenarios, Property Split, Superannuation and Third-Party Debts

Self-represented applicants are most vulnerable where the asset pool involves complexity. Consider three common scenarios where DIY consent orders for property settlement frequently go wrong:

• Joint mortgage with a third-party guarantor. Consent orders cannot bind a bank or guarantor who is not a party. If orders direct one spouse to assume the mortgage, the other spouse may remain liable unless the lender formally releases them, a step the orders cannot compel.
• Superannuation splitting orders. A procedural flag letter must be served on the trustee of the super fund, and the fund must confirm whether it can comply. Missing this step can delay or invalidate the split. For more on how trust and tax changes in Australia interact with asset settlements, our separate guide covers the current rules.
• Company or trust interests. If one party controls a discretionary trust, the orders may need to include the trustee as a party or draft undertakings, something rarely handled correctly without legal advice.

Industry observers note that the cost of fixing a defective consent order, through variation or enforcement proceedings, frequently exceeds the cost of a limited-scope legal review before filing.

Step-by-Step: How to Prepare and File an Application for Consent Orders (Form 11)

This section provides a detailed walkthrough of the Form 11 Application for Consent Orders process. The FCFCOA publishes an official “Do It Yourself Kit” with instructions, and the steps below summarise the key actions in the order you need to complete them.

Completing Form 11, Field-by-Field Tips

Form 11 is the gateway document. It collects identifying information about both parties and tells the court what kind of orders are sought. When completing it, pay attention to the following fields:

1. Court location. Select the registry nearest to where the children live (for parenting orders) or where either party resides (for property-only orders).
2. Party details. Use full legal names exactly as they appear on identification documents. Include dates of birth, addresses and contact details for both applicant and respondent.
3. Type of orders sought. Tick the correct boxes, property, spousal maintenance, parenting or a combination. This determines which sections of the minute the court expects to see.
4. Existing proceedings. If there are any current or past family law proceedings between the parties, reference the case number.
5. Signatures. Both parties must sign Form 11. Signatures should be witnessed, and the witness must also sign and print their name.

Drafting the Minute of Consent Orders, Sample Clauses

The minute is where the substance of your agreement lives. Each clause should be a self-contained, enforceable direction. Draft in plain, mandatory language. Below are illustrative examples of clause structures (these are for guidance only and should be adapted to your circumstances):

• Property transfer. “Within 28 days of these orders, the husband shall transfer to the wife all of his right, title and interest in the property located at [full address], being the land described in Certificate of Title [reference].”
• Superannuation split. “The trustee of [Fund Name] (ABN [number]) shall split the husband’s interest in accordance with the Family Law Act 1975, allocating [percentage or base amount] to the wife’s nominated complying fund.”
• Vehicle transfer. “The wife shall retain the [year, make, model] motor vehicle registration number [rego], and the husband relinquishes all interest in it.”
• Debt allocation. “The husband shall be solely responsible for the liability to [lender] account number [number] and shall indemnify the wife against any claim arising from that liability.”
• Parenting, live-with arrangement. “The children shall live with the mother and spend time with the father on alternate weekends from Friday 5:00 pm to Sunday 5:00 pm, and for half of each school holiday period.”
• Release of claims. “Each party releases the other from any further claim for property settlement or spousal maintenance under the Family Law Act 1975.”

The more precise and specific each clause is, the less room there is for future disagreement. Avoid conditional or aspirational language (“the parties will endeavour to…”), consent orders must be capable of enforcement.

Evidence and Financial Disclosure Checklist

For property and financial orders, the FCFCOA requires full and frank financial disclosure. Attach the following to your application:

Once your Form 11, minute and supporting evidence are complete, you can file electronically through the Commonwealth Courts Portal. The portal is now the primary filing route for most FCFCOA consent order applications. You will need to create an account, upload your documents in PDF format, pay the filing fee online and receive a confirmation with your case number. Alternatively, you can file in person or by post at the relevant FCFCOA registry, though processing may take longer. Note that in Western Australia, the Family Court of Western Australia handles family law matters under a separate jurisdiction, and the filing process may differ, check the Family Court of WA website for state-specific guidance.

Costs, How Much Does a Consent Order Cost in Australia?

One of the main reasons people ask whether they can do their own consent orders is cost. Here is a realistic breakdown of what to expect.

The hidden cost of DIY errors deserves emphasis. If the court rejects your application or the orders later prove unenforceable, the cost of variation proceedings or fresh applications, including new filing fees, possible legal representation and lost time, can quickly dwarf the cost of a one-off professional review. A practical cost-saving strategy is to use a limited-scope brief: draft the documents yourself, then engage a family lawyer for a fixed-fee review focused on compliance and enforceability.

Timelines, How Long Does It Take for Consent Orders to Be Approved?

How long does it take for consent orders to be approved in Australia? The answer depends on the quality of your application and the current workload of the FCFCOA registry. As a general guide, the Legal Aid WA Consent Orders Kit notes a typical processing window of two to six weeks where the application is complete and uncontested.

Common causes of delay include incomplete financial disclosure, ambiguous minute clauses that raise questions about enforceability, missing superannuation information, and periods of high court workload (particularly early in the calendar year). To fast-track your application, ensure every field on Form 11 is completed, attach all required evidence, use clear and specific language in the minute, and consider contacting the relevant FCFCOA registry before filing to confirm you have everything in order.

Regional variations can also affect timing. Smaller registries may process applications faster due to lower volumes, while metropolitan registries in Sydney and Melbourne may experience longer queues. In Western Australia, the Family Court of WA has its own timelines, which parties should confirm directly with that court. Early indications suggest that recent practice direction updates following the 2025 Family Law Act amendments have not materially changed processing times, though the FCFCOA continues to invest in digital processing that may gradually shorten turnaround.

Practical Mediation Tips When You Intend to File Consent Orders

If you are reaching agreement through mediation, whether through family dispute resolution (FDR) or private mediation, the way you record your discussions can make or break the consent orders process. Mediation produces an agreement in principle, but that agreement must be translated into precise, enforceable court orders. Knowing what not to say in family mediation is important, but equally critical is knowing what to document and how.

Mediation Checklist for Consent Orders

• Record every agreed term in writing during the session. Even a handwritten list signed by both parties is better than relying on memory. Mediators will often produce a summary, ask for a copy.
• Use neutral, enforceable language. Avoid phrases like “we hope to” or “the parties will try.” Translate intentions into mandatory directions: “The wife shall” or “The husband is to.”
• Identify what is decided and what is deferred. If you agree on property but want more time for parenting, state that clearly. Do not file a partial minute hoping to “sort the rest out later”, incomplete orders can create unintended consequences.
• Address financial disclosure immediately. Exchange documents at mediation or agree on a strict timetable. Consent orders cannot be approved without full and frank disclosure.
• Discuss implementation steps. Who will draft the minute? Who will file? Will either party get independent legal advice before signing? Build these steps into your mediation action plan.

Mediation is particularly effective for consent orders for property settlement, where both parties can review balance sheets together and negotiate trade-offs in real time. The mediator cannot give legal advice, but the structured environment often helps parties reach outcomes that survive the court’s “just and equitable” test, particularly where the settlement can be informed by recent developments such as the trust tax changes now in effect in Australia.

Alternatives and Next Steps, Binding Financial Agreements, Parenting Plans, Variation and Enforcement

Consent orders are not the only option. Depending on your circumstances, one of the following alternatives may be more appropriate:

• Binding Financial Agreement (BFA). A private contract (often called a “prenup” or “postnup”) that deals with property and finances without court approval. Both parties must receive independent legal advice, and each lawyer must sign a certificate confirming the advice was given. BFAs offer privacy and speed but can be challenged on technical grounds and do not carry the same enforcement mechanisms as court orders.
• Parenting plan. An informal, written agreement about parenting arrangements. Parenting plans are not enforceable through the court, but they can be useful as an interim step or where the parties have a cooperative relationship. If compliance becomes an issue, the plan can later be formalised as consent orders. The Australian Government’s Family Relationships Online service provides guidance on creating parenting plans as one of several alternatives to court.
• Variation of existing orders. If circumstances change materially after consent orders are sealed (for example, a significant change in income, health or the children’s needs), either party can apply to vary the orders. This requires a fresh application and evidence of the changed circumstances.
• Enforcement. If the other party does not comply with sealed consent orders, you can file an enforcement application with the FCFCOA. Enforcement proceedings can result in penalties, contempt findings or further directions, another reason to ensure the original orders are precisely drafted.

Understanding these alternatives helps you choose the right instrument. For most separating couples who have reached a clear agreement and want certainty and enforceability, FCFCOA consent orders remain the most robust option. Those navigating broader legal changes in Australia, such as the 2026 insolvency law reforms that may affect business-owning parties, should factor those developments into their settlement planning as well.

Practical Checklist and Resource Box

Use this printable checklist to track your progress through the consent orders process. If at any stage you are unsure about a step, consider using the Global Law Experts lawyer directory to find an Australian family law specialist who can provide a limited-scope review.

1. Reach full agreement with your former partner on all terms (property, super, debts, parenting if applicable).
2. Complete full and frank financial disclosure, gather all documents listed in the evidence checklist above.
3. Download the FCFCOA Application for Consent Orders kit (including Form 11 and guidance notes) from the FCFCOA website.
4. Draft the minute of consent orders using mandatory, specific language. Include every agreed term.
5. If super splitting is involved, serve a Superannuation Information Kit request on the relevant fund and await the response.
6. Complete Form 11, ensuring all fields are filled and the correct court location is selected.
7. Both parties sign Form 11 and the minute; have signatures witnessed.
8. File electronically via the Commonwealth Courts Portal (preferred) or lodge at the nearest FCFCOA registry.
9. Pay the filing fee (or apply for a waiver if eligible).
10. Monitor for registry queries and respond promptly to any requests for further information.
11. Receive sealed orders and store them securely, you may need them for property transfers, super fund notifications and future reference.

The FCFCOA’s official Application for Consent Orders kit is the authoritative starting point for a consent order template in Australia. An illustrative annotated minute is available in the Legal Aid WA Consent Orders Kit. Any examples provided here are for guidance only and should not be used as a substitute for orders tailored to your specific circumstances.

Sources

1. Federal Circuit and Family Court of Australia, Application for Consent Orders (Do It Yourself Kit)
2. Federal Circuit and Family Court of Australia, How to Apply for Consent Orders
3. Family Court of Western Australia, Applying for Consent Orders
4. Family Relationships Online (Australian Government), Alternatives to Court
5. Legal Aid WA, Consent Orders Kit
6. Family Law Act 1975 (Cth), Federal Register of Legislation
7. Commonwealth Courts Portal, eFiling and Filing Guidance