Consent Order Pricing Guide 2025 Fixed Fees or Hourly Billing Explained

Money is one of the major stumbling blocks to parties getting access to independent legal advice when facing family law matters. If you’re seeking a property or parenting consent order, how much can you expect to pay? Parenting consent orders and parenting orders are formal arrangements established through the Family Court to set out children’s living arrangements, parenting time, and decision-making responsibilities. Consent orders are a legally binding document made with both parties’ consent, ensuring the agreement is enforceable in court. We’ll break down lawyers’ fees and court costs.

Key takeaways

• Many lawyers offer fixed-fee consent orders.

• There are filing fees for consent order applications.

• Eligible parties may have certain fees waived.

• Fixed-fee services may have conditions attached to them.

• Consent orders are significantly more affordable than hourly rates during litigation.

• Consent orders can provide financial benefits, including cost savings and financial independence.

• Consent orders can sever financial relationships in a legally binding manner, providing certainty for both parties.

• Various factors can help differentiate between law services.

What are consent orders?

Consent orders constitute judicially sanctioned agreements ratified by the Family Court or Federal Circuit and Family Court of Australia. Within family law proceedings, consent orders crystallise negotiated settlements between parties, including former spouses or de facto partners, encompassing parenting arrangements, asset distribution, and financial settlements. Distinguished from informal agreements or parenting plans, consent orders possess statutory enforceability under the Family Law Act, enabling aggrieved parties to pursue judicial enforcement mechanisms upon breach.

Consent orders deliver a definitive framework for dispute resolution, circumventing contested litigation proceedings. Upon judicial scrutiny and ratification, these instruments acquire the status of final orders, bearing equivalent legal force to orders issued following full trial proceedings. This mechanism ensures comprehensive protection of stakeholder interests, particularly those of minor children, within Australia’s family law jurisdiction.

Benefits of consent orders

Consent orders present numerous strategic advantages for practitioners and their clients in family law proceedings:

• Judicial enforceability and legal efficacy: Upon court ratification, consent orders constitute binding judicial instruments with full enforceability mechanisms. Both parties remain legally obligated to comply with stipulated terms, with the court retaining jurisdictional authority to compel adherence through appropriate remedial measures.

• Economic efficiency and cost containment: Relative to protracted litigation processes, consent orders represent a financially prudent approach to resolving matrimonial property settlements and parenting determinations. Fixed-fee consent order arrangements provide clients with transparent cost structures and eliminate the financial uncertainty inherent in hourly billing methodologies.

• Definitional precision and risk mitigation: Consent orders establish unambiguous parameters regarding each party’s rights and obligations, substantially reducing exposure to subsequent disputes. This clarity proves particularly valuable in parenting arrangements and asset allocation proceedings.

• Judicial oversight and protective mechanisms: The court conducts comprehensive review of proposed consent orders to ensure equitable terms and protection of children’s welfare interests, providing additional safeguards for vulnerable parties.

• Expedited resolution and procedural efficiency: The consent order process typically demonstrates superior time efficiency compared to contested hearing procedures, enabling families to achieve closure and proceed with post-separation arrangements more expeditiously.

• Financial restructuring and tax optimization: Through formalization of financial arrangements and property transfers, parties can achieve comprehensive financial separation and conclude their economic relationship, often essential for taxation compliance and superannuation fund administration purposes.

Consent orders constitute a pragmatic mechanism for parties seeking transparent, secure, and efficient resolution of family law matters through structured legal frameworks.

Types of consent orders

Consent orders within the realm of family jurisprudence characteristically bifurcate into two principal classifications:

Understanding consent order pricing guide in Australia

Fixed fees for consent orders may fall between $1,500 and $3,500. The total cost of obtaining a consent order in Brisbane generally includes a court filing fee and any professional legal fees, which vary based on the complexity of the situation. Preparing a clear list of assets, liabilities, and superannuation interests can help reduce legal fees by minimizing billable hours spent by a lawyer. The complexity of the assets involved, such as superannuation splitting or multiple properties, can significantly affect lawyer fees. Professional fees for drafting consent orders typically range from $1,500 to over $5,000, and you can expect to pay between $2,000 and $10,000 for fixed-price consent order services depending on the complexity of the case. Negotiating an agreement with your former partner before engaging a lawyer is the most cost-effective way to use lower-cost drafting services. Lawyers in Brisbane often offer fixed-fee arrangements for drafting consent orders if the parties have already reached an agreement. For complex cases, engaging an accredited specialist in family law may be advisable. Some lawyers will offer a discount if you settle property matters and parenting matters at the same time.

Family Court filing fees and mandatory costs

There is a fee payable when you submit your application for consent orders to the Court. The fee schedule increases every year. As of 1 July 2025, the filing fee for a consent order is $205. The initiating application is the formal step to start the process and is governed by the Family Court Act, which provides the legal framework for family law matters, including property and parenting consent orders, filing fees, and fee waivers. An application for consent orders is a formal request to the Federal Circuit and Family Court to approve agreements between parties without requiring a contested hearing. The court assesses eligibility for reduced fees or exemptions based on gross income, among other criteria, such as wages, rental income, benefits, parental leave, and lump sums.

Fee reduction

You may be eligible for a reduced fee or fee exemption for some court costs. There are some criteria you need to meet, including:

• Having certain government concession cards, which are administered through Services Australia and may include health care cards or youth payments. Or

• Enrolment in AUSTUDY or ABSTUDY. Or

• You’ve been granted legal aid. (You may only avoid fees for the issue the legal aid is covering.)

To apply for a reduced fee or exemption, you must complete an Application for Exemption of Fees – General form.

Financial hardship

Some court fees may be waived if you can demonstrate financial hardship. You need to pass three tests:

• An income test.

• An asset test.

• A daily living expenses and liabilities test.

In limited circumstances, such as financial hardship not covered by the standard criteria, the court may still grant a fee waiver if it determines that paying the fee would cause undue hardship.

Potential hidden costs

A law firm may qualify the cost of its fixed-fee services with certain conditions. Common conditions that lawyers will stipulate include the following.

In some cases, expert reports from specialists may be required to support your application, and these can cost $3,000 or more, significantly increasing the overall expense of obtaining consent orders.

Additionally, a binding financial agreement is another legal arrangement that can be used as an alternative to consent orders. Binding financial agreements have different cost structures and legal requirements, such as the need for independent legal advice for each party.

Existing agreement

The fixed-fee arrangement may assume that the parties involved have already come to an agreement. Having to manage negotiations or mediate parenting arrangements between you and your former partner can be a lengthy process. For this reason, mediation sessions may be conducted at an hourly rate that’s added to the base service price.

Completed disclosure

Financial disclosure is essential at the beginning of a property settlement. Depending on the complexity of a property pool, identifying and valuing all assets may take a lot of work. A fixed-fee consent order may require that the parties have already disclosed their finances.

Asset pool complexity

The size of an asset pool can affect the way that a lawyer prices their services. Asset pools that contain real estate and other complex structures like business interests may attract a higher-tier fee.

Application for consent orders: step-by-step guide

The procedural framework for securing consent orders within the Family Court of Australia and the Federal Circuit and Family Court encompasses the following strategic components:

1. Professional engagement: Retain qualified family law counsel to evaluate your circumstances, assess strategic positioning, and formulate optimal case methodology. Leading practitioners typically provide preliminary consultations to delineate available pathways and associated cost structures.

2. Negotiated settlement achievement: Parties must establish comprehensive accord regarding parenting protocols, asset distribution, and ancillary matters. Independent legal representation remains paramount to safeguard proprietary interests and ensure adequate protection of rights.

3. Documentation preparation: Counsel will construct proposed consent orders alongside requisite supporting materials, ensuring full compliance with Family Law Act provisions while accurately reflecting negotiated terms.

4. Application completion: Execute the Application for Consent Orders documentation, specifying relevant parties, dependent children where applicable, and specific relief sought.

5. Supporting documentation compilation: Assemble comprehensive financial disclosure materials, requisite identification documentation, and supplementary evidentiary materials as mandated.

6. Fee structure compliance: Current court filing fees for consent order applications stand at $205 as of 1 July 2025. Fee reduction eligibility exists for holders of qualifying government concession documentation, legal aid recipients, or applicants demonstrating established financial hardship criteria.

7. Lodgement execution: Submit completed application materials, proposed orders, and supporting documentation to the appropriate registry. Electronic filing systems facilitate streamlined submission with integrated online payment processing.

8. Judicial review process: The court conducts comprehensive assessment of proposed orders to verify reasonableness, equity, and alignment with best interests principles concerning affected children.

9. Order finalization and enforcement capability: Upon satisfactory judicial review, the court will endorse the orders, establishing legally binding obligations with full enforcement mechanisms.

This procedural framework delivers an efficient, economically viable mechanism for formalizing negotiated agreements while circumventing contested litigation proceedings.

Consent orders versus litigation

The real impact of an hourly rate versus fixed fees can be felt during litigation. Cases can drag through the Federal Circuit and Family Court of Australia for two years or longer. Those tend to be complex cases. However, issues that end up in Court tend to be complicated. The impact of hearing fees alone can be a burden. The hearing fee is a statutory charge payable for each day a court hearing is conducted, excluding the first day, and is often a significant additional cost in family court proceedings. Legal fees can increase significantly over the course of the case.

A solicitor may charge $2000 to $6000 or more per hearing day to represent you in court. The case as a whole may end up costing as much as $100,000 or more.

If you prepare the documents for a consent order entirely on your own, you only incur the court filing fee.

When is court action necessary?

There are rare cases where litigation could be the best way. A conciliation conference is often a cost-effective way to resolve family law disputes before proceeding to a court hearing, as it encourages settlement and can minimise overall expenses. If there’s a concern around domestic and family violence, it may not be possible to find agreement. If your ex-partner is refusing to engage in the process, there’s only so much you can do. You may need to complete pre-action procedures, like inviting them to dispute resolution.

Comparing fixed-fee consent orders between family lawyers

Are all consent order packages similar? Not necessarily. Each firm has its own way of approaching consent order packages. Here are some factors to consider:

• Transparent fee structure. A law firm should be clear on its fees from the outset. Ensure any service conditions are detailed before making any legally binding agreements. Get a quote based on the needs of your case.

• Service inclusions. Clarify what is included in their fixed-fee packages. For example, do they have restrictions on certain assets, or do they cover them with a higher fixed fee? Once you know what their services cover, you can determine their applicability to your circumstances.

• Payment options. Discuss what payment plans are available for their work. Is it possible to defer fees? Some lawyers are willing to work with you to ensure you receive the services you need.

From our clients

Peter and Lisa are outstanding. They helped me navigate an extremely difficult personal and legal situation. They treated me with kindness and respect. Peter provided practical, no nonsense legal advice to achieve outcomes that are in the best interests of my kids. I am so grateful to them for their assistance.

– Jennifer Eden

Peter was amazing with me in my case, especially because I was living a very tough time in my life! He were human, honest, he gave me all the informations and legal advices that I needed! Honestly I’m so glad that I found him and his team! Thank you very much!!!!

– Ana Laura Rodrigues Rocha

Conclusion

The Family Law Act and the Family Court Act provide the legal framework governing processes to organise parenting and property matters, including the application for consent orders. Consent orders can also be prepared to vary or discharge existing Family Law Orders. By formalising agreements, consent orders help reduce the likelihood of future disputes between parties. The Court will review the application for consent orders to ensure it is in the best interests of the child or a just and equitable settlement, and can reject the order if it does not meet these criteria. Consent orders provide certainty and enforceability, protecting the interests of all parties involved. Understand any potential costs upfront and assess fees between lawyers. You can find the most cost-effective option.

Do you need assistance with a consent order or other family law matter? Contact us today for a free initial consultation.