Applications for Consent Orders After Separation

Applications for Consent Orders After Separation: What Are They and How amica Can Help

Separation is rarely simple, but formalising your agreements doesn't have to be complicated. When couples reach agreement about property, finances, or parenting arrangements, many choose to formalise those agreements through an Application for Consent Order, commonly referred to as “Consent Orders”. This article explains what Consent Orders are, and how amica can help users prepare draft Consent Orders online.

What Is an Application for Consent Order?

An Application for Consent Order is a legally binding agreement approved by the Federal Circuit and Family Court of Australia, or the Family Court of Western Australia, that formalises arrangements between separating couples. Consent Orders can deal with property and financial matters, parenting arrangements, or both.

Because Consent Orders are based on an agreement already reached between the parties, they can usually be considered by the Court without either party needing to attend a hearing. Once approved by a Court Registrar, Consent Orders have the same legal effect as any other Court Order. You can read more about the role of a Court Registrar in our article, The Role of the Court Registrar.

Consent Orders can cover:

• Property division
• Superannuation splitting
• Spousal maintenance
• Parental responsibility
• Living and time arrangements for children

The Court will only approve them if satisfied the proposed arrangements are just and equitable and, where children are involved, in their best interests. This court oversight acts as an important safeguard for both parties.

Types of Consent Orders

Property Consent Orders set out how assets and liabilities will be divided after separation, including property, bank accounts, vehicles, debts, investments, and superannuation.

Parenting Consent Orders formalise parenting arrangements for children, including where they live, time with each parent, schooling, communication, and other parenting responsibilities.

Key Benefits of an Application for Consent Orders

• No court appearance — in most cases, you can apply without attending court, making the process simpler and less stressful.
• Self-preparation — while legal advice is recommended, couples can prepare Consent Orders themselves, reducing costs and giving greater flexibility.
• Court-approved and legally binding — the Court reviews proposed arrangements to ensure they are fair, and once approved, Consent Orders are enforceable like any other court order.
• Comprehensive — one document can cover property, finances, superannuation, and parenting arrangements. - How amica Can Help?

amica is a guided online tool to help separating couples resolve property, financial, and parenting matters in a practical, amicable way. Using artificial intelligence, amica suggests a percentage division of money and property based on factors including:

• Length of the relationship
• Financial and non-financial contributions
• Income and earning capacity
• Future needs
• Care arrangements for children

amica guides users through a structured negotiation process to help them reach agreements regarding parenting arrangements and property settlements. Once an agreement is reached, the platform generates documents that record the agreed parenting arrangements or property settlement terms. amica also enables separating couples to incorporate superannuation splitting into their property settlements. Where parties reach agreement, the platform can generate the necessary Application for Consent Orders documents for filing with the court to formalise the agreed division of assets, including superannuation.

Please note: while amica can help parents reach agreement about parenting arrangements, it cannot be used to prepare Consent Orders relating to parenting.

Is amica Right for You?

amica may be suitable if you and your former partner have separated amicably, are willing to negotiate and exchange information openly, and want a simpler, more affordable way to formalise your financial agreement. If that sounds like your situation, amica could be a good fit. To find out, visit Find out if amica is right for you and complete the eligibility questions.