Financial insecurity after separation can be managed more effectively when you understand the true consent order cost in Australia. Before starting any legal process, it is important to know the likely consent order costs, including Court filing fees, legal fees and related expenses, so you can navigate family law in a cost‑effective way.
Consent orders are one of the most common ways of formalising property and parenting arrangements under the Family Law Act 1975 (Cth) and are made by the Federal Circuit and Family Court of Australia.
Here’s how much you can expect to pay for a consent order when applying for one.
Key takeaways
What do consent orders cost in Australia?
Parenting and property consent order costs form part of a legally binding agreement between parties. An application for consent orders allows people going through a separation or divorce to ask the Court to make orders in terms they have agreed, without the need for a defended court hearing.
For many separating couples, this is considered a more cost‑effective and less stressful option than fully contested proceedings, but it may not be suitable for everyone.
Consent order cost in Australia in 2025
Family Court fees
One of the basic components of the consent order cost in Australia is the Court filing fee.
As at 2025, the filing fee for an application for consent orders is $205, usually paid online at the time of filing. For an initiating application, additional filing fees apply. In some cases, you may be eligible for an exemption or waiver, depending on your circumstances and the Court’s criteria.
Consent orders can be a cost‑effective option because they generally minimise the amount of time you need to spend in court, which can reduce overall costs. If your matter proceeds to a defended hearing, you will usually need to cover other expenses such as a daily hearing fee. A hearing fee is charged for each day of the hearing (excluding the first hearing day), in accordance with the Court’s current fee schedule. These fees can usually be paid online.
Because of this, it is often in both parties’ interests to make a genuine effort to find common ground and areas of compromise. If you’re struggling to find agreement, a conciliation conference can help. A conciliation conference currently costs $490 under the Court’s fee schedule, which is significantly lower than the cost of a multi‑day hearing. Fees can change, so it is important to check the latest information from the Court.
Consent order types
Parties can seek consent orders for property or parenting. The factors affecting their cost differ.
Property settlement consent orders
Asset pool complexity
Asset pools vary widely in size and complexity. Some marriages have unusual or complicated assets.
Self-managed super funds (SMSF). SMSFs can hold illiquid assets that make splitting superannuation interests more complex. There may also be disputes over control of the SMSF if both parties are trustees. In addition, there can be tax implications, including capital gains tax (CGT), which may affect each party’s retirement savings. You should obtain independent tax advice about any CGT or other tax consequences.
Artwork and collectibles. Rare assets like art or collectibles present valuation challenges. Specialist valuation experts will likely be used to get an accurate value. This makes the consent order more expensive.
Dispute level
If the parties begin a consent order with complete agreement, the process is easier and faster. However, there are times when a lawyer needs to facilitate negotiations. The more time that’s necessary to settle disputes, the more costly the consent order becomes.
Enforcement
Consent orders decrease the likelihood of future disputes. Once parties agree on property matters, it’s easier for them to maintain that agreement. Sometimes, a property order will be breached. This requires further costly legal action.
Parenting consent orders
Family dispute resolution
Co-parents may require family dispute resolution (FDR) to reach an agreement on parenting. The cost of FDR depends on the provider. Relationships Australia Queensland prices their FDR services based on the income of the parties. This provides fair access to spouses who aren’t as financially stable. The fees applied by other service providers can be several times higher.
Expert reports
Expert reports from court-appointed psychologists and other specialists may be necessary. These reports provide insight into a child’s mental health and welfare needs. These reports can cost in the range of $3,000 or more, depending on the expert and the scope of the report.
Legal assistance
Consent orders do not legally require you to obtain legal advice. However, when you are weighing up the consent order cost against the long‑term impact of your settlement, speaking to a family lawyer is strongly recommended.
A fixed‑fee quote will vary between firms but may range from around $2,000 to $10,000 or more, depending on complexity.
These fees are affected by different factors. Clients can have complex cases. Other family members may need to be involved to organise the best child custody arrangements for a child’s best interests.
A marital asset pool can be complex to value and divide fairly. These complications can lead to extended negotiations, which will add to the cost.
Conditions of fixed legal fees
Fixed fees are usually offered for services whose workload is predictable. However, certain variables can affect the workload. To deal with this, law firms will generally do one of two things:
Offer multiple fixed-fee tiers. For example:
Basic tier (~$3500): The asset pool includes no more than one piece of real estate and no superannuation.
Mid tier (~$4500): You wish to include superannuation in the agreement or have multiple properties.
Top tier (~$5000): The consent order will cover structures like self-managed funds (SMSFs), family trusts, and business interests.
Charge an hourly rate for the additional work. In family law, hourly rates commonly range from about $300 to $600 (plus GST), depending on the lawyer’s seniority and location.
Firms may make fixed‑fee offers conditional on the client meeting certain criteria, such as the following.
The parties have already reached an agreement
A common condition is that no negotiation or mediation is required. The parties must have an agreement in place and need the lawyer to draft a consent order ready for submission. A lawyer’s time is valuable. Depending on the lawyer’s experience, it could be extremely valuable.
If the parties haven’t agreed to a settlement or custody arrangement, the lawyer may need to preside over extended discussions. The mediation sessions may be charged using an hourly rate. Depending on the amount of time needed to find agreement, mediation could add thousands of dollars to the cost of the order.
Disclosure already completed
Disclosure is one of the most laborious parts of a settlement. Here are some of the assets and liabilities that may need to be accounted for:
Assets
Real estate.
Vehicles.
Furniture, artwork, collectibles.
Bank accounts.
Superannuation.
Shares, managed funds, cryptocurrencies.
Life insurance policies with a surrender value.
Liabilities
Mortgages, loans, credit cards.
Tax debts.
Personal loans or business debts.
Income
Salary.
Bonuses, commissions, allowances.
Business income.
Rental income.
Government payments.
A fixed-fee consent order may require that the parties have already made a full disclosure. If they haven’t, the lawyer may need to:
Provide the client with a checklist or disclosure kit to ensure they cover all relevant finances.
Gather and review the submitted documentation to verify there’s no missing or inconsistent information.
Get accurate valuations.
Check for any inconsistencies in the other party’s disclosure.
Prepare a balance sheet to determine the property pool’s net value.
This can take quite a while. The lawyer may charge for this additional work using their hourly fee.
Limited complexity
A lawyer may only offer a fixed-fee service for asset pools that don’t include overly complex asset structures. Lawyers may be wary of:
Large family trusts.
Complex business interests.
Self-managed superannuation funds.
Assets held overseas.
These assets could place the matter into a higher‑priced consent order tier or make it unsuitable for a fixed‑fee arrangement.
Minimising your costs
The Court and law firms may list definitive costs for seeking a consent order. However, there are many ways to potentially reduce your expenses. Here are some cost-saving tips.
Combine parenting and property orders
You can apply for parenting and property orders with the same application. Law firms will often provide a discount if a client settles parenting and property matters at the same time. The total price may be reduced by as much as 35-40%. This will vary between firms.
Transfer duty exemption
Australian states and territories impose a transfer (stamp) duty when transferring a property between parties. In the context of a relationship breakdown, transfer duty may be waived or reduced where certain criteria are met under state or territory law. Generally:
The transfer must occur within a legally enforceable property settlement. This means the parties must enter a court order or a binding financial agreement.
The settlement must be finalised before the transfer.
The settlement must identify the property being transferred and the party receiving it.
Capital gains tax (CGT) rollover
Transferring assets between parties usually has CGT implications. In some circumstances, CGT may be deferred (CGT rollover) where the transfer occurs under a court order or financial agreement following a relationship breakdown. CGT rules are complex and depend on your individual circumstances. Independent tax advice should be obtained.
Court filing fee exemption
Unlike a divorce application or some initiating applications, there is no reduced fee for filing an application for consent orders. However, you may be able to apply for a fee exemption or waiver in limited circumstances.
Eligibility
You can apply for an exemption of “Court fees- General” for the following reasons:
You are the primary holder of certain government concession cards, including:
Health care card.
Pensioner concession card.
Commonwealth Seniors Health card.
Any card that entitles you to a concession from Services Australia or the Department of Veterans’ Affairs
You have been granted legal aid for the proceeding.
You receive youth allowance, Austudy or ABSTUDY payments.
You’re under the age of 18.
You’re a prison inmate or otherwise legally detained in a public institution.
Financial hardship
If you don’t meet the above criteria, you can still apply for a waiver in limited circumstances, such as financial hardship. The Court uses a three‑part test to assess whether a fee for an initiating application or consent order would cause undue hardship. This applies to both married couples and de facto couples.
Income test
For an initiating application or financial orders, your gross income must fall below a certain threshold each fortnight before tax. The threshold varies based on the number of dependants you have. Your gross income can include potential costs such as:
Wages, salary and self-employment income.
Rental income.
Centrelink pensions or benefits.
Paid parental leave.
Lump sum payments such as redundancy payments.
Assets test
In family law matters, when applying for consent orders relating to financial orders, your liquid assets (for example, cash, convertible shares or bonds) must not exceed a set multiple of the fee payable. The Court’s current guidance refers to a limit of five times the fee payable, but you should check the latest information. Legal aid may also be available for eligible individuals.
Daily living expenses and liabilities test
For parenting matters, final orders, or an initiating application in the Federal Circuit and Family Court, your surplus income after daily expenses and liabilities must fall below a certain threshold. For example, the Court has previously used a guideline where, for a consent order fee of around $195–$205, the maximum allowable surplus income after expenses is $95. Reasonable expenses and liabilities can include:
Food.
Rent or mortgage payments.
Credit card debts.
Utility bills.
Automotive costs.
Legal aid
Every state and territory has a legal aid commission. Legal Aid Queensland may provide assistance, such as:
Dispute resolution services.
Free legal advice about preparing a parenting consent order.
Assistance from a legal aid lawyer.
Legal aid lawyer
Some law firms, called preferred suppliers, partner with Legal Aid Queensland to work with financially vulnerable clients. With a grant of legal aid, you may access their help for low or no cost. However, Legal Aid’s funding resources are limited. Legal aid funding is limited and applications are assessed against criteria such as:
Means test. Legal Aid Queensland will consider your assets and income to determine whether the applicant is required to contribute.
Funding priorities. Legal Aid Queensland must follow provisions from the state government regarding the types of cases it prioritises. These include:
Court orders involving children.
Cases where the welfare of the applicant or their children is at risk.
Injunctions in a case involving family violence.
Urgent matters concerning an immediate risk of a child being removed from Australia.
Merits test. The merits test includes three considerations:
The facts of the case and its chances of success.
Whether a sensible person would risk their money pursuing the case.
The benefit the applicant would receive from the legal aid.
Pro bono representation
Some law firms may take on a limited number of pro bono cases per year. They usually have strict criteria for who they accept, and typically prioritise clients such as:
Aboriginal or Torres Strait Islander citizens.
Women in family violence situations.
Matters involving children in particularly vulnerable situations.
Forgo seeking legal advice
You are not required to seek professional assistance to apply for consent orders. If you’re able to successfully complete an application yourself, you could save money on legal services. “However, there are important risks, including:
Mistakes in the application can cause delays.
Settlements that the Court doesn’t consider fair, or parenting arrangements that aren’t in a child’s best interests, may be rejected.
Not including assets like superannuation interests may mean you don’t get a fair entitlement.
Negotiations can stall if the parties do not have legal representatives to assist them.
A word from our clients
Here is a testimony from one of our clients:
Peter has been fantastic to work with. He has advised me on some consent orders by which he's been super prompt and clear in his communication with me, in addition to being patient, personable and professional. It's been great to have my matter dealt with swiftly and at a very reasonable compensation also. Thank you Peter!
– Carly Jones
Peter is the person for you if you want a calming, patient, honest, reliable and very knowledgeable/experienced lawyer. Just what was needed at what was a stressful time when dealing with family law matters.
I highly recommend him and his team.
- Bron M
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
Our firm has extensive experience assisting clients with consent orders and final orders. We focus on achieving practical, sustainable arrangements for all parties involved. Through clear communication, we ensure clients understand their position and options, including potential fee reductions. Our services are competitively priced to help manage overall costs, including expenses that can arise if matters proceed beyond the first hearing day.
Conclusion
Property and parenting consent orders are commonly used to settle family law matters under the Family Law Act. All consent order applications attract a filing fee, although in some circumstances you may qualify for an exemption or waiver if you meet the Court’s criteria, including financial hardship. Professional legal assistance is available, often for a fixed fee. Understanding the financial implications of a consent order helps you navigate the process with confidence.
Peter provides exceptional service, is understanding and compassionate. He made sure everything was explained, was open and honest and always had my best interests at the forefront.
I would recommend Peter to anyone needing a family lawyer.
– Sheree Anderson
