Financial insecurity can be successfully managed in family law with the right advice. Before legal proceedings, be aware of the potential consent order costs to navigate family law cost-effectively. Consent orders are one of the most common ways of settling property and parenting arrangements under the Family Law Act and are recognised by the Family Court of Australia.
Here’s how much you can expect to pay for a consent order costs when applying for one.
Key takeaways
What do consent orders cost?
Parenting and property consent order costs are part of legally binding agreements between two parties. An initiating application allows individuals going through a separation or divorce to mutually agree on arrangements without court intervention.
This is generally considered to be the recommended option for most people.
Consent Order Cost in 2025
Family Court fees
One of the basic costs of legal proceedings is filing fees. The filing fee for a consent order currently stands at $200, which can be paid online. For an initiating application, additional filing fees apply. In some cases, a reduced fee may be available depending on your circumstances.
A consent order is a good option because it minimises interaction with the family court. This saves you additional costs. If your matter proceeds to Court, you’ll need to cover other fees such as a hearing fee. A hearing fee applies every day for as many days that the hearing lasts, excluding the first hearing day. These fees can usually be paid online.
For this reason, it is best 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 costs $480, which is significantly lower than the hearing fee. If the matter proceeds to court, you may need to pay the hearing fee twice, increasing your overall costs.
Consent order types
Parties can seek consent orders for property or parenting. The factors affecting their cost differ.
Property 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 contain illiquid assets that make splitting the super interest difficult. There can also be disputes over control of the SMSF if both parties are trustees. There can also be tax implications involving capital gains that impact each party’s retirement savings.
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 $3000 or more.
Legal assistance
Consent orders don’t require the involved parties to seek legal advice. However, speaking to a family lawyer before undertaking any legal action is still recommended. Many family lawyers and law firms offer a fixed-price fee standard consent order package.
A fixed fee quote will vary depending on the firm but can cost anywhere from $2,000 to $10,000.
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.
Filing Fee exemption
Unlike a divorce or an initiating application, you cannot receive a reduced fee for filing a consent order. However, you may be able to waive the fee.
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 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 will 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 submitting an application for consent orders related to financial orders, your liquid assets (cash, convertible shares, or bonds) cannot exceed five times the fee payable. This applies whether you are negotiating with an ex-partner or formalising a parenting plan. Legal aid may 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 a $195 consent order fee, the maximum allowable income after expenses is $95. Reasonable expenses and liabilities can include:
Food.
Rent or mortgage payments.
Credit card debts.
Utility bills.
Automotive costs.
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
Our firm has extensive experience assisting clients with consent orders and final orders. We prioritise beneficial arrangements for all parties involved. Through clear communication, we ensure clients understand their position and options, including potential fee reductions. Our services are reasonably priced to help minimise expenses, including costs beyond the hearing day (excluding the first hearing day).
Conclusion
Property and parenting consent orders are commonly used to settle family law matters under the Family Court Act. All consent orders have a filing fee, but in certain circumstances, you may qualify for a reduced fee or fee waiver if you can demonstrate 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
Contact our office today to get expert legal assistance with your consent order.
