Consent Orders for Queensland.
from $2970 plus court fees

Covering Brisbane Gold Coast and the Sunshine Coast

Fixed fee Service

Benefits of using Kate Austin family lawyers.

We are happy to work with both parties.
We will not start a dispute between parties – we are neutral.
Our fixed fees cover both parties.
If we do not think we can have your agreement approved by the Family Court will not accept your matter.
We draft your orders in 24Hrs.
We guarantee that the Family Court will not change our submitted orders.
We are exceptionally experienced in Family Law and in Consent Orders.

Family Law – A National Law – Consent Orders Queensland

After practicing in family law NSW for 20 years, Kate Austin Family Law now works from Brisbane to helps Australians wherever they are. COVID-19 allowed us to develop a model where we can service all of Australia. The Law around Family Law are the same all over Australia so a client in the Gold Coast or Sunshine coast is subject to the same rules as someone in any other part of the country.

In the last four years we have completed hundreds of sets Consent Orders in Qld. Because we are dedicated to providing the best possible service to our clients and our service is remote then your location in Australia doesn’t matter. A client who lives just around the corner in Brisbane will receive the same service as our Gold Coast clients. We answer the phone – We are never in court, and we are always available. We provide an after-hour contact to assist with questions. Our Fees are fixed and service time is usually 24 hrs.

Because our clients are amicable, we enjoy a very positive and safe relationship with both parties. Remember this is your agreement – it belongs to nobody else. No matter where you are located, we will provide a confidential prompt service for your Consent Orders Qld needs.

About Our Service.

Our Fees are always fixed – Once we start your matter you will know the final cost for us to take instructions, draft all the documents – Application, Minute of Order and notice of risk (if applicable). We also make all necessary changes as required by you and file them online with the Family Court.
Once we have your required information, we will draft your Consent Orders within 24 hours. If you require changes, we will make these also within 24 hours. This is a guarantee we make to all clients in Qld.
If you need an explanation about your orders or why a certain order has been drafted – we are just a call away.
You have an agreement, and you don t want it interfered with – So long as we believe the Family Court will accept your Consent Orders, we will complete your matter without judgement.
Property Transfers with Consent Orders in Qld included in your Consent Orders will be stamp duty exempt.

Why you only need one lawyer.

Our service means we are happy to provide procedural advice on Consent Orders to both parties. We are happy to take instructions from both parties in relation to your agreement. If there is any conflict between parties, we will ask both you to seek you step back and seek independent legal advice.
While Consent Orders in Queensland do not require independent Legal advice, everybody is entitled to this advice, and you should seek it if you are unsure on your agreement.
We will not try to change your agreement – perhaps you have both come to an agreement from independent layers. The save costs we can draft and file your application on behalf of both parties.
We will not interfere – our job is to have your agreement converted in legally binding Consent Orders.
The final signing of Consent Orders does not require independent legal advice or your signatures to be witnessed by a lawyer.

If you’d like to know more about how fast and easy we make the Consent Order process, book in a consultation

time that works for you to have a chat with us.

Book a Call

Fixed Fee, Full-Service Consent Orders Qld from $2970 – Property Settlement

Whether you need an agreement that handles all aspects of a property Settlement regardless of the assets involved. Kate Austin Family Law prepare everything for you get an exact quote right now (including court costs), and we’ll guarantee your price for the next 6 months. This quote covers all property settlements in Queensland Brisbane and surrounding regions.

All Fees include both parties, minute of order and the application for Consent Orders.

Fixed Fee, Parenting Orders from $2420 plus court fees

Kate Austin Family law will prepare Parenting Orders to make your parenting plans legally binding in just 24Hrs. We are Accredited Specialists in Family Law with over 20 years’ experience in creating legally binding Consent Orders. We will follow your instructions to the letter to ensure we document your agreement.

Fees are for both parties including GST for the court orders and the application for Consent Orders.

Fixed Fee, Property Orders and Parenting Consent Orders from $3740 plus court fees.

By using the same application for Consent Orders and court fees filing both Parenting and Property Agreements at the same time is a very cost and time effective way of finalising your family Law agreement.

Fees include both parties, GST discussions with the superannuation fund, court orders and the application for consent Orders.

Associations We’re Part Of

We’re members of leading law associations in Queensland, New South Wales and Australia.

Family Law Practitioners Association - Kate Austin Family Law

Family law section law council of Australia - Kate Austin Family Lawyers

What are the benefits of Consent Orders?

A consent order is a legal process that allows clients who have a mutual agreement to submit an agreement to the Federal Circuit and Family Court of Australia that, if approved by the registrar, will become legally binding. They are relatively quick to create, and the courts respond quickly (usually about four weeks).

Consent orders are required for Superannuation splitting orders. Superannuation funds require family court orders to implement a superannuation splitting order.

Property transfers can be made with stamp duty exempt with consent orders.

With our service, you can use only one lawyer. To operate in this manner, you must understand our processes, especially our role as a neutral party.

The process of filing consent orders involves several steps.

Initially, the parties must come to an agreement about parenting and/or financial/property arrangements that they want to be legally binding. The process includes drafting the Application for Consent Orders and a Minute of Consent Orders, with each order set out in a separate paragraph, numbered, and signed by each party.

After filing, the court typically takes 4 to 6 weeks to consider the application. A registrar then reviews the application to ensure proper standards before making orders. Once consent orders are approved, sealed copies are sent to the parties.

If the application is declined, the parties should consult their family lawyer to help them determine why and then draft consent orders that are more likely to be accepted.

Are Consent Orders legally binding?

Consent orders are not just pieces of paper; they carry the same legal weight as traditional court orders, providing both parties with certainty and protection. Once reviewed and approved by the Judicial Officer, consent orders have the same legal effect as if they were made after a court trial. For enforcement, both parties must follow these steps:

1. Both parties must sign the consent orders.

2. The consent orders must receive approval from the Family Court.

3. The court will only approve the orders if they are considered ‘just and equitable’.

4. If the court rejects the application, it will generally provide reasons, emphasizing the importance of careful drafting and consideration with the help of a family lawyer.

Property Settlement Matters in Consent Orders

In Australia, after a separation, assets and debts must be divided between parties. This division can be formalized through consent orders or financial agreements, providing a legal framework for a fair distribution between parties.

Superannuation interests can be adjusted during the formalization of financial arrangements. While it is not mandatory, superannuation ‘splitting’ can provide a more equitable division of assets.

Stamp Duty Exemptions for Consent Orders in Queensland.

Matrimonial exemptions

You may be able to claim an exemption from transfer duty for transactions involving

the Family Law Act 1975 (Cwlth

Family Law Act

Eligibility

You don’t pay transfer duty on transactions that give effect to a court order or financial agreement made under sections 90, 90L or 90WA of the Family Law Act.

The sealed court order or financial agreement must:

be a valid order or agreement.
pre-date the transaction.
specify the property being transferred.
clearly state who the property is to be transferred to.

Court orders must be made under the provisions of Part VIII of the Family Law Act. Financial agreements must be made under the provisions of Part VIIIA or Part VIIIAB of the Family Law Act, as applicable. An order or agreement made under another jurisdiction is not exempt under these provisions.

For a simple explanation please call us on this legal process.

Superannuation Splitting with Consent Orders in Queensland.

When a marriage or de facto relationship ends, property can be divided using Consent Orders. Superannuation is considered property under the Family Law Act 1975 but is held in a trust, so it’s treated differently. Laws allow for superannuation to be divided in the event of a relationship breakdown. Contact us to learn more about splitting superannuation interests when dividing property after a relationship ends

Superannuation can be split either by:

an order of the Family Court or Federal Magistrate Court- (Consent Order)
or
a superannuation agreement (a financial agreement that deals with a superannuation interest).

Part VIIIB of the Family Law Act 1975- external site gives a court the power to deal with superannuation interests of spouses (including de facto spouses).

It also:

provides the framework for a court to make orders to distribute superannuation interests of the parties.
covers superannuation agreements.

The Family Law (Superannuation) Regulations 2001- external site set out:

the methods of valuing superannuation interests.
the way in which the payment split is to be put into effect.
the information that the trustees have to provide.

Superannuation Splitting Orders are quite complex – If you are looking to undertake this process, please contact our office to discuss the process. We will advise how best to use your Consent Orders QLD to achieve your outcome.

What is a Consent Order?

Consent orders formalize agreements and make them legally binding. They can cover property division and arrangements for children. It’s crucial that both parties agree and sign off on the documents, as your active participation is key to the process.

While obtaining consent orders is not required, it’s often a good idea to seek legal advice to understand your entitlements and ensure the orders are drafted accurately. While many clients don’t seek legal advice, having a lawyer draft the consent orders can provide peace of mind and prevent future issues.

Application for Consent Orders

If you’ve reached an agreement with your former partner, you’ll need to file an ‘Application for Consent Orders’ with the Court. This document requires both parties to disclose all assets and liabilities. It’s important to fill out the application correctly to avoid delays. It’s recommended to have a solicitor prepare it for you to ensure accuracy.

What are parenting orders?

When separating from your partner and you have children together, formalising your day-to-day caring arrangements through parenting orders can be a good idea. This involves writing up your agreement into a formal document and asking the Court to make orders reflecting that agreement, making it legally binding and enforceable. It’s important to carefully consider all aspects of the arrangement, such as special occasions, health issues, and potential disruptions, and to involve a solicitor to ensure everything is properly drafted.

Consent Orders in the Family Court

The process of obtaining Consent Orders in the Federal Circuit and Family Court of Australia is often used by separating parties who have reached an agreement on asset division or child care arrangements. Consent Orders require both parties to agree and can be less expensive and stressful than going to court. When prepared properly, Consent Orders will set out what is to happen with each asset and liability and leave no room for ambiguity. If you’re doing parenting orders, the orders will set out exactly where the children will be, both week by week and on special occasions.

Form 11 in the Family Court

The ‘Form 11’ is used in the Family Court of Western Australia to file an Application for Consent Orders. It provides an overview of you, your former partner, and any children, as well as your assets and liabilities. It is required for seeking ‘Consent Orders’ for property settlement or parenting arrangements. The form outlines the division of assets and liabilities and is crucial for the Court to determine a fair outcome.

Consent Orders for a property settlement

If you and your former partner agree on dividing your assets and liabilities after a separation, you can formalize it with ‘consent orders’. These orders have the same legal effect as court orders and are just as enforceable. However, you have to draft the consent orders yourself, and both parties must agree to and sign them before they are lodged with the court. It’s best to have an experienced family law practitioner help you draft the orders to ensure they are comprehensive and unambiguous. Consent orders are necessary for certain situations, such as transferring property from joint names to one person’s name or splitting superannuation.

Divorce and Consent Orders

A divorce simply means the end of a marriage, allowing individuals to remarry. It does not involve the division of assets and is not legally binding in terms of asset division. It mainly addresses issues related to children’s care arrangements. As long as separation for twelve months is established and proper arrangements for children are in place, the divorce can proceed.

On the other hand, obtaining consent orders involves reaching agreements with a former partner regarding asset division or children’s care arrangements. These orders are filed and determined based on the agreement, without the need for a court appearance. If the court finds the proposed orders fair, they are formalized as consent orders with the same legal effect as any other court order.

Superannuation and Consent Orders

When separating, if you and your former partner have different superannuation balances, you may consider obtaining ‘superannuation splitting orders’. These orders involve transferring a sum from one person’s superannuation fund to the other’s, by agreement and with court approval. It’s important to get the fund’s approval and draft the orders carefully. The funds resulting from the split must be deposited into a superannuation fund, not paid out directly.

Superannuation splitting orders

When parties separate, one may have more superannuation. You can get a court order to transfer a portion of one party’s superannuation to the other’s fund. If you’re in agreement, you can decide on the amount to transfer. It’s important to notify the super fund and ensure the order aligns with their requirements.

How long do Consent Orders take?

After lodging your Application for Consent Orders with the Federal Circuit and Family Court of Australia, it generally takes around three to four weeks for your Application to be listed and determined. If the orders are approved, they are sometimes made available to download from the Commonwealth Court Portal the same day, but more often, they are made available to download the next day. There is no requirement for either party to attend court when the matter is determined. A Registrar in Chambers will review and determine the matter without an appearance for either party.

At Kate Austin Family Lawyers, once we have the information we need from you, we can generally have your documents drafted and ready for the two of you to review in twenty-four hours. While sometimes minor changes are required to the documents once drafted, our objective is to get the documents as close to perfect, first time around, as possible. Delays in getting your matter finalized can arise for a number of reasons, such as obtaining independent legal advice, needing extra time to think things over before signing, or waiting for superannuation splitting orders to be approved by the super fund. However, with an agreement and motivated parties, the entire process can take as little as three to four weeks from start to finish.

Can a Binding Financial Agreement be overturned?

A Binding Financial Agreement (BFA) can be overturned by a Court in certain circumstances, such as fraud or duress. Unlike consent orders, the Court does not review BFAs, and they do not have to be fair to both parties. If you are separating, consent orders are generally a better way to finalize your financial relationship than a BFA. However, if you are not separating and just want a contract to determine asset division in the event of a separation, then a BFA can be a good option.

Consent Orders filing fee

The Federal Circuit and Family Court of Australia charges a filing fee for an Application for Consent Orders ($200.00) and an Application for Divorce ($1,100.00) as of 1 July, 2024. The fees increase annually. You may be eligible for fee reductions if you hold certain cards, such as a health care card or pension concession card. If there is more than one applicant, both parties need to meet the requirements for the fee reduction.

If you’d like to know more about how fast and easy we make the Consent Order process, book in a time that works for you to have a chat with us.

Book a Call

Why People Choose Kate Austin for their Consent Orders

It can cost you as little as $2420 for Parenting or $ 2970 Property Consent Orders, and only $3740 for both (plus the standard court fees)
We focus on Consent Orders, which means we know how to make sure yours is 100% rock-solid.
You have our guarantee that your Consent Order will be drafted within 24 hours.
We’re accredited specialists in family law and have practiced in both NSW and QLD for 25 years.
After practicing family law in NSW for 19 years, we’re now based in Queensland. As family law is a federal jurisdiction, people all around Australia (except Western Australia) come to us to help them move through separation and divorce quickly and inexpensively with Consent Order.

Application for Consent Orders

The application for consent orders is the primary document used to provide the required information required by the Family Court to access your proposed consent orders.

Sections A-C require information about the parties, such as age, address and relationship details. Section C seeks information about any other relevant court cases to your Consent Order agreement. These cases usually relate to domestic violence, other family law agreements, or decisions made by the family court.

Section D relates to the children of the relationship. Please note this must be completed regardless of whether you are seeking children’s orders or not.

The property section starts at part H. This is where all assets and liabilities are disclosed at their current value (not as per the date of separation). There are totals of both the applicant’s and respondent’s assets and liabilities at the bottom of each section.

Question 68 refers to the agreement’s actual percentage split. This calculates all the net assets and liabilities after any superannuation splitting orders have been implemented. Note that Part I calculated the orders’ “effect—that is, what happens after the agreement has been implemented.”

When you complete the statement of truth, ensure that tall the correct boxes are crossed. This is the most common error made when the application is rejected.

Your Personal Guide Every Step of the Way

Creating and getting Court approval for a Consent Order can involve a lot of hurdles. This is how we guide our clients when drafting and finalising a Consent Order for them.

What does Kate Austin Family Lawyers do to assist clients?

Initial discussion about your agreement.
Continual updates on the progress of your agreement.
Access to our office to answer questions.
Creation and submit your application for Consent Orders to the Family Court.
Custom drafting of your agreement by Rachel Stubbs.
Suggested notations on your orders.
Consent Orders will be legally binding for all Queensland and Australia.

Draft consent orders for your approval in 48 hours
Changes to your orders made within 24 hours
Assistance in the signing process of your application
Online submission of your application to the Family Court
Answering any requisitions (if required) to the Family Court
Posting original orders (by registered post) to you on completion
A certified copy of the orders emailed to you
A guaranteed fixed fee as per the initial quote

Get an Online Quote With No Surprises

If you’re looking for a firm figure on what a Consent Order will cost you, wherever you are in Australia including Consent Orders Victoria, you can find it by clicking the button below. You’ll be able to calculate the cost based on your circumstances and get a quote you can trust.

If you have questions or are close to reaching an agreement, we’d be happy to give you advice on how to take those last few steps.

Get My Instant Quote

Consent Orders – Your Questions Answered

What are the main advantages of Consent Orders?

The main advantage of obtaining Consent Orders Qld is the peace of mind that it gives to both parties. A Consent Order will finalize your matter in relation to your property settlement and ensure that neither party is able to come back in the future for another settlement. parenting Consent Orders will also set in stone in the future arrangements for your children so that neither party can change their mind if they circumstances change in the future. Whilst there are costs associated with obtaining Consent Orders most people find that this is far outweighed by the benefits.

What are the main disadvantages of Consent Orders?

If you are clear on your agreement and you instruct a lawyer simply to draft up the Consent Order agreement in accordance with your instructions, then there really should be no disadvantage associated with the process apart from the cost. It is certainly worthwhile to shop around and find a lawyer that meets your specific needs. If you don’t want someone negotiating on your behalf for your Consent Orders and you don’t want someone giving you advice when you have already reached an agreement, you are happy with then don’t pay for it.

Consent Orders – Why do you need them?

In property settlements Consent Order Qld to finalize the financial relationship between you so that neither party can come back at a future date and make a claim to the other parties’ assets in the future. You can also obtain a stamp duty exemption in relation to the transfer of real estate between parties who were in a relationship. Consent orders in Queensland allow for Stamp duty exemptions on transfers.

For parenting matters locking in an agreement means that neither party can change their mind about the children’s care arrangements if their circumstances change. The Consent Orders are legally binding and can only be changed by agreement between the parties or a further court application.

Do I need to obtain legal advice for Consent Orders?

It is not mandatory for parties to Consent Orders to have obtained their own independent legal advice although it is generally a good idea as it gives both parties peace of mind that they are entering into Is an informed decision. Some parties obtain their own independent legal advice and then come together to reach their own agreement and then have it drafted without any further legal advice being obtained.

Finalise Your Agreement and Move On With Life

If you’re ready to get on with life and want a comprehensive Consent Order created faster and more affordably than anywhere else, we’re here to help. If you have a few questions, we can answer and explain anything you’d like to know.

Simply fill out your contact details, and we’ll take care of the rest.

Request a Call

Contact Us

Kate Austin Family Lawyers
Head office:Level 54
111 Eagle Street
Brisbane, Queensland 4000

Sydney office:
Level 4, 20 Bond street
Sydney, NSW 2000

Office Hours
Monday – Friday: 10AM – 4PM

Or Request a Phone Call

Our Office:

Consent Orders for Queensland.
from $2970 plus court fees

Covering Brisbane Gold Coast and the Sunshine Coast

Fixed fee Service

Benefits of using Kate Austin family lawyers.

Family Law – A National Law – Consent Orders Queensland

About Our Service.

Why you only need one lawyer.

Fixed Fee, Full-Service Consent Orders Qld from $2970 – Property Settlement

Fixed Fee, Parenting Orders from $2420 plus court fees

Fixed Fee, Property Orders and Parenting Consent Orders from $3740 plus court fees.

Associations We’re Part Of

What are the benefits of Consent Orders?

The process of filing consent orders involves several steps.

Are Consent Orders legally binding?

Property Settlement Matters in Consent Orders

Stamp Duty Exemptions for Consent Orders in Queensland.

Matrimonial exemptions

Eligibility

Superannuation Splitting with Consent Orders in Queensland.

Superannuation can be split either by:

Why People Choose Kate Austin for their Consent Orders

Application for Consent Orders

Your Personal Guide Every Step of the Way

What does Kate Austin Family Lawyers do to assist clients?

Get an Online Quote With No Surprises

Consent Orders – Your Questions Answered

What are the main advantages of Consent Orders?

What are the main disadvantages of Consent Orders?

Consent Orders – Why do you need them?

Do I need to obtain legal advice for Consent Orders?

Finalise Your Agreement and Move On With Life

Contact Us

Let's get started

Office Location

Our Office Hours

Consent Orders for Queensland. from $2970 plus court fees

Covering Brisbane Gold Coast and the Sunshine Coast

Fixed fee Service

Benefits of using Kate Austin family lawyers.

Family Law – A National Law – Consent Orders Queensland

About Our Service.

Why you only need one lawyer.

Fixed Fee, Full-Service Consent Orders Qld from $2970 – Property Settlement

Fixed Fee, Parenting Orders from $2420 plus court fees

Fixed Fee, Property Orders and Parenting Consent Orders from $3740 plus court fees.

Associations We’re Part Of

What are the benefits of Consent Orders?

The process of filing consent orders involves several steps.

Are Consent Orders legally binding?

Property Settlement Matters in Consent Orders

Stamp Duty Exemptions for Consent Orders in Queensland.

Matrimonial exemptions

Eligibility

Superannuation Splitting with Consent Orders in Queensland.

Superannuation can be split either by:

Why People Choose Kate Austin for their Consent Orders

Application for Consent Orders

Your Personal Guide Every Step of the Way

What does Kate Austin Family Lawyers do to assist clients?

Get an Online Quote With No Surprises

Consent Orders – Your Questions Answered

What are the main advantages of Consent Orders?

What are the main disadvantages of Consent Orders?

Consent Orders – Why do you need them?

Do I need to obtain legal advice for Consent Orders?

Finalise Your Agreement and Move On With Life

Contact Us

Let's get started

Office Location

Our Office Hours

Consent Orders for Queensland.
from $2970 plus court fees