- Reviewed by: Peter Andrews, Family Law Specialist and Legal Practitioner Director in Newstead, Brisbane.
- Last-reviewed date: December 2025
- Cite Family Court of Australia, QLD Gov, and local Brisbane legal resources
How long do family law consent orders take?
In most Australian family law matters, consent orders typically take 4 to 8 weeks from filing to court approval. The exact court approval timeline depends on the accuracy of the application, the complexity of the agreement, and whether delays in consent orders occur due to missing information or required amendments.
Nobody wants to deal with the legal system longer than necessary, which is why many clients ask how long do consent orders take. Consent orders are generally a great way to make legally binding arrangements without dragging the matter through the Court. Successful applications usually take 4 to 8 weeks. But there are a lot of factors that can affect that timeline.
Consent orders are one of the most common legally binding agreements to organise family law matters. A consent order can cover a property settlement and parenting arrangements. The process is straightforward if you follow the process correctly. However, some pitfalls can delay the process and cost you time and money.
Let’s look at how long consent orders take.
Key takeaways
How long do consent orders takein Australia?
If everything goes well, consent orders can take around one or two months from the initial application to the court registry processing the order. However, a lot can go wrong during the process. This may delay how long it takes to approve consent orders.
Here’s a timeline to follow and common mistakes to avoid.
Step one: Seeking legal advice before filing family law consent orders
Getting legal advice early can be a big help. You’re not forced to like you would if you were seeking a binding financial agreement. But a family lawyer may inform you about your rights and entitlements. A professional can also prevent you from making mistakes and avoid delays. You’ll save a lot of time when you get your application right the first time.
Potential delays
It’s crucial to seek legal advice from a lawyer who suits your needs. Communication is one of the key components of a healthy lawyer-client relationship. Avoid lawyers who don’t make themselves available to answer questions and address your concerns.
Also, a lawyer should have experience with cases similar to yours. Some clients have complex cases. If a lawyer hasn’t handled similar cases, they may misstep and cost you time and money.
Step two: Negotiation stage and common consent order delays
Once you have met with a suitable family lawyer, the parties involved can meet for negotiations. If you’re dividing finances, remember that the Court uses a four-step process as per the Family Law Act. Negotiation delays are common where financial disclosure is incomplete or where parties require additional time to reach agreement on property or parenting arrangements.
The Court needs to identify the marital asset pool, assess the contributions of each party, determine each party’s future needs and make a final assessment of the application’s fairness.
Parenting consent orders consider the child’s best interests above everything. All of your negotiations should target that goal.
Potential delays
Family law negotiations can get heated. You and the other party will often be unwilling to concede on a point. This can cause significant delays, depending on the severity of the impasse. If parents disagree about co-parenting arrangements, remember that your child’s welfare precedes personal vendettas.
Property orders are assessed with an objective four-step process. With that said, the Court has discretion to judge your application for its fairness. Without professional help, it’s easy to make mistakes that cause delays.
Step three: Drafting the consent order application and filing process
There’s a do-it-yourself kit on the Federal Circuit and Family Court of Australia website that simplifies the application. However, we still recommend using a family lawyer to ensure you include all the relevant information. Errors during this stage are one of the most common causes of delays in consent orders once they reach the court approval stage.
Potential delays
One reason for applications being rejected is that the Court needs more information. Financial consent orders often require supporting documents. Neglecting this can significantly increase the time required to secure an order.
When organising parenting matters, the Court must be satisfied that all the child’s needs are covered. The Court no longer assumes that equal shared parental responsibility is best.
Related: How to Prepare for a Consent Order?
Step four: Filing family law consent orders and court approval timeline
It’s now time to file the application. Taking the time to draft the application correctly will make this step as simple as possible. Filing consent orders attract a filing fee. Filing fees can be waived if you’re eligible for a financial hardship exemption.
Potential delays
There is a deadline for filing consent orders. Divorcing couples must file their application within 12 months of their divorce order being granted. De facto couples have two years from their separation date to make their application.
You can apply for leave to consider your application after expiration. However, the Court will require you to demonstrate exceptional circumstances to justify the grant of leave. This will add further delays. Bottom line, make sure you meet the deadlines.
Speeding up the consent order process
You can try to speed up the processing of proposed consent orders by following some basic steps:
Make an agreement first. One of the most laborious parts of getting a consent order is resolving disputes. Settling parenting matters and negotiating property consent orders with a former partner can go on and on if neither side is willing to compromise. Having an agreement in place first can make the whole process a lot smoother.
Be detailed and practical. The Court is interested in court orders that are fair and practical. Parenting consent orders need to prioritise the child’s best interests. Property divisions have to reflect the contributions and future needs of the parties. The application will likely be rejected if you don’t provide enough detail or lose sight of the Court’s priorities when assessing the orders.
Check that the forms have been completed properly. Take one last look at your documents to ensure that everything is correct. Some common errors include:
Failing to have supporting documents witnessed by a Justice of the Peace.
Not providing a complete disclosure of your assets and financial resources.
Including overly vague terms that don’t specify relevant dates or other vital information.
Seek independent legal advice. Even if you’ve double-checked your application and are confident that it’s ready to file, it’s still worth getting a professional to review it to make extra sure it’s correct. Applicants are often too close to the case to be able to have an objective view. A neutral third-party with relevant experience may find errors that you didn’t consider.
Parenting versus property settlement consent order considerations
Consent orders for parenting and property matters are very different, which is why many clients ask how long do consent orders take. The filing process is the same, but the Court judges them according to separate criteria. When you understand what the Court looks for, you can complete a successful application a lot more easily. Here’s what you need to know.
The broad difference
If we had to boil the Court’s perspective down to one essential element, it would look like this:
Parenting consent order. What arrangement is in the best interests of the child?
Property consent order. Is the proposed division just and equitable for both parties?
These family law principles seem relatively straightforward. However, parenting and property matters have many issues that hold back how long it can take for a consent order to be accepted.
Parenting consent orders
Is the child’s welfare protected? You have to be careful that living arrangements are accounted for. If the child has specific medical needs, does the application adequately cover how the condition will be handled and what the parents will do in emergencies?
Realistic schedules. The schedule for where the child will stay and for how long must be reasonable. For example, if parents live a long way from each other, having the child travel between residences multiple times a week may need to be rethought.
Ambiguous provisions. You need to be absolutely clear about how things are going to work. If you haven’t been explicit about how major decisions will be made or how you’re going to communicate, the application may need to be redrafted.
Property consent orders
Incomplete financial disclosure. Full financial disclosure is required in every case. Parties sometimes make the mistake that if they’ve agreed to only exchange a couple of assets, they only have to disclose information about those assets. But property divisions are concerned with contributions and future needs. That requires a full picture of the marriage’s finances.
Lopsided division. Property settlements are focused on fairness. But that doesn’t mean that they include a 50/50 split. Divisions of 60/40 or even 70/30 are approved by the Court, but the parties need to provide their reasoning. Without that justification, a proposed consent order may be rejected.
From our clients
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
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
Conclusion
Obtaining consent orders allows parties to avoid extensive court proceedings. They carry the same legal weight as any court order. The consent order application process has been streamlined by the Family Court’s amalgamation. However, you can still face costly delays. You can minimise these delays by understanding the consent order timeline and recognising common pitfalls.
We offer free consultations if you need help with a consent order
Frequently asked questions
How long does it take to get consent orders approved?
Once lodged with the Family Court of Australia, consent orders are usually reviewed and approved within 4 to 8 weeks. There’s a whole lot that influences that timeframe. The Court may decide that it wants more information. You may need to clarify some part of the agreement more. Make absolutely sure that the documentation is accurate and meets the Court’s tests.
What is the process for consent orders?
The process generally involves:
Reaching an agreement. Both parties must agree on parenting or property matters.
Preparing documents. Your lawyer drafts the Application for Consent Orders.
Filing the application. The documents are submitted electronically through the Commonwealth Courts Portal.
Court review. A registrar reviews the application to ensure it complies with the Family Law Act.
Approval and sealing. If accepted, the court issues sealed orders that become legally binding without either party needing to attend court.
Can consent orders be expedited?
It’s possible in urgent situations that the Court may cut down on the processing time for an application. The case will probably need to include time-sensitive financial matters or parenting issues that affect a child’s welfare. If you need faster processing, you’ll want to ensure that your documentation is correct is includes all the necessary supporting information. If something’s missing, your application will likely get kicked back to you. Obtain legal advice from an experienced family lawyer to reduce delays.
What causes delays in family law consent orders?
There are all kinds of issues that can hold up your application. Some of the more common problems include:
Improper financial disclosure.
Filing errors.
Unclear terms.
A need for more information.
You’ll have to fix whatever the Court has a problem with before they’ll make the consent order legally binding.
Disclaimer: The content on this blog is intended to provide general information only and does not constitute legal advice. It hasn’t been prepared with your individual circumstances in mind and should not be used as a substitute for personalised legal advice. Andrews Family Lawyers accepts no responsibility for any loss or damage resulting from reliance on this information. We recommend you seek advice from a qualified legal professional before making legal or financial decisions.
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