A DIY consent order kit is an official document available through the Federal Circuit and Family Court of Australia (FCFCOA) that separated couples can use to formalise parenting and property arrangements without going to court. While these kits make the process accessible, they do not guarantee approval. Each order must be carefully drafted and tailored to your specific circumstances in compliance with the Family Law Act 1975. A poorly drafted application will be returned by the court, often causing more stress and expense than the kit was meant to avoid.
This guide explains exactly what DIY consent orders involve, where applicants commonly go wrong, and how to get it right.
What Are DIY Consent Orders?
Consent orders formalise an agreement between separated couples about parenting and property matters, transforming an informal arrangement into a formal, court-approved order. Once sealed by the court, they carry the same legal force as orders made after a full court hearing.
The DIY consent order kit — formally the Application for Consent Orders — is accessible through the FCFCOA website. It provides forms, worksheets, and checklists that walk applicants through the process. However, it does not provide template orders that will automatically fit your situation. Every arrangement, whether about children or finances, must be drafted specifically to reflect your circumstances, and the court will not approve orders simply because both parties have agreed to them.
It is strongly advisable to obtain legal advice before applying, so that you fully understand your legal rights and responsibilities and the implications of the orders you are proposing.
Two Types of DIY Consent Orders
Consent orders fall into two main categories: parenting orders and financial or property orders.
Parenting consent orders focus on the best interests of the child and can cover:
- Who the child will live with
- How much time the child will spend with each parent
- Whether one or both parents hold parental responsibility
- How the child will communicate with parents or others they do not live with
- Any other aspect of the child’s care, welfare, and development
In some cases, grandparents and other relatives can also apply for parenting orders relating to children in their family.
Financial consent orders deal with the division of property and assets, including liabilities, and must be just and equitable under the Family Law Act 1975. Property in this context can include:
- Independently or jointly owned real estate
- Superannuation
- Business interests
- Trust interests
- Cars and other vehicles
- Inheritance assets
- Debts and loans
A couple who agreed verbally on everything may still have their property orders returned by the Registrar simply because their superannuation was listed under general property rather than being treated through the correct separate process — a common and costly oversight.
The Cons of Using a DIY Consent Order Kit
A consent order kit is appealing because of its low cost. However, that low cost carries a significant risk for people who do not have a clear understanding of how family law operates.
Separated couples often assume the forms work like a tax return: fill in your details, submit, and receive approval. Family law does not work that way. Without legal training, applicants frequently include irrelevant information, use vague language that courts cannot enforce, or miss procedural requirements entirely. The result is a requisition or outright rejection from the court, which then requires redrafting and relodging. By that point, many applicants end up spending more on legal fees than they would have if they had sought advice at the outset.
Common problems include:
- Vague or ambiguous language (for example, “the parties will share school holidays equally” without specifying dates)
- Failure to sign every page of the draft orders
- Affidavits not signed in front of an authorised witness
- Missing financial disclosure documents
- Non-compliance with the procedural requirements of the Family Law Act 1975
Three Steps to Obtain DIY Consent Orders
1. Reach an Agreement
Negotiations with the other party can be conducted directly, through solicitors, or with the assistance of a mediator. Reaching a clear and comprehensive agreement before drafting is essential — the more detail you agree on at this stage, the simpler and more enforceable your orders will be.
2. Prepare Your Documents
The court requires at least two documents to be filed. The first is the Application for Consent Orders (Form 11), which sets out the details of each party, including the children, a statement of assets, and liabilities. The second is the draft consent orders, also known as minutes of consent orders, which detail the agreement and how the parties intend to carry it out.
For financial matters, you will also need to provide a financial statement that fully discloses your financial situation. If there are concerns about child abuse, family violence, or risk of family violence, a Notice of Child Abuse, Family Violence or Risk of Family Violence must also be filed. Both parties must sign every page of the draft orders, and any affidavits must be signed before an authorised witness.
You must also provide an identical unsigned Word document (.docx) version of your proposed orders. The document cannot be locked for editing or contain tracked changes, images, or macro functions.
3. Lodge the Application
Applications should be filed electronically through the Commonwealth Courts Portal. If you are unable to eFile, you may lodge at a court registry. A filing fee of approximately $205 applies for financial orders, though hardship exemptions are available.
Superannuation and DIY Consent Orders
Superannuation is treated separately from other types of property and has its own process for valuation and splitting. You cannot simply include superannuation in a general property order — it requires specific treatment under the family law superannuation regime.
To split superannuation, parties can either reach a written agreement or seek a court order. The court applies a four-step process when assessing superannuation splitting orders. Critically, at least 28 days before filing a superannuation splitting order, written notice must be served on the Trustee of the relevant superannuation fund. The fund trustee has the right to attend court hearings and, in some circumstances, to object to the proposed orders.
This procedural requirement catches many self-represented litigants by surprise. If you and your former partner have significant superannuation entitlements, failing to address this correctly — or failing to address superannuation at all — can have serious long-term financial consequences that cannot easily be undone once the time limits for filing have passed.
What Happens After You Lodge?
After filing your application, it will be reviewed by a Registrar. You are not required to attend court unless the Registrar requests it. The Registrar will assess whether the proposed orders should be made, based on:
- Whether financial orders are just and equitable
- Whether parenting orders are in the best interests of the child
If the Registrar is satisfied, the court will seal the orders. Once sealed, the consent orders are legally binding and enforceable. If the Registrar has concerns, the application may be returned with a requisition listing the issues that need to be addressed before the orders can be approved.
Are DIY Consent Orders Legally Binding?
Yes — once the court seals your consent orders, they are legally binding agreements with the full force of court orders. They formalise arrangements regarding parenting and financial matters and must comply with the requirements of the Family Law Act 1975.
Consent orders can formalise:
- Property and financial matters
- Superannuation
- Parenting arrangements
- Spousal maintenance
Couples can apply for consent orders at any time after separation, but applications must be filed within 12 months of a divorce. De facto couples must file within two years of the end of their relationship. If you have missed these deadlines, the court may grant leave to apply out of time, but this is not guaranteed.
If one party breaches a consent order, the other can take legal action. Penalties for contravening a sealed consent order can include:
- Paying the expenses incurred by the other party because of the breach
- Paying a portion or all of the other party’s legal costs
- Community service
- Fines
- A jail term of up to 12 months for serious contraventions
What If Your DIY Consent Order Is Rejected?
Receiving a rejected application is stressful and disorienting. Common reasons for rejection include:
- Incorrectly completed forms or missing information
- Failure to have affidavits properly sworn and witnessed
- Orders that are too vague or lack sufficient detail
- Safety concerns relating to family violence or risk to children that have not been addressed
- Non-compliance with the Family Law Act 1975 or court procedures
- Missing required signatures or dates
A solicitor can help you identify what went wrong and redraft your consent orders correctly. The sooner you seek advice after a rejection, the less likely you are to have delays affect your legal position, particularly if you are approaching the time limits for filing.
How JB Solicitors Can Help with Your DIY Consent Orders
Many separated couples explore DIY consent orders to avoid costly legal fees, which is entirely understandable. The problem is that most law firms charge by the hour, meaning costs are difficult to predict. At JB Solicitors, we offer fixed fees for consent order drafting, so you always know what you will pay upfront.
Our experienced family lawyers will:
- Review your proposed arrangements and advise on whether they are likely to be approved
- Draft orders that are specific, enforceable, and compliant with the Family Law Act 1975
- Handle the superannuation splitting process, including the trustee notification requirements
- Lodge your application correctly the first time
We also offer mediation services for couples who have not yet reached a full agreement. Mediation often makes the drafting process significantly simpler, because the parties arrive at a document with a clear and detailed understanding of what they have agreed.
Contact JB Solicitors today to discuss your consent order application with a solicitor who understands the process inside and out.
Frequently Asked Questions About DIY Consent Orders
What is the DIY consent order kit?
The DIY consent order kit is an official document package available through the Federal Circuit and Family Court of Australia. It includes the Application for Consent Orders (Form 11), checklists, and worksheets. It is a starting framework, not a set of ready-made templates, and every order must be individually drafted to reflect your circumstances.
Can I do my own consent orders without a lawyer?
Yes, you can apply for consent orders without a lawyer. However, the process requires a sound understanding of the Family Law Act 1975 and the court’s procedural requirements. Errors in drafting or documentation frequently result in rejection, which can cause delays and additional costs. Legal advice before applying is strongly recommended.
How much does it cost to file consent orders?
The filing fee for consent orders involving financial or property matters is approximately $205. No fee applies for parenting-only applications. Hardship exemptions are available if you are experiencing financial difficulty.
Do both parties have to sign DIY consent orders?
Yes. Both parties must sign every page of the draft consent orders. Any affidavits accompanying the application must be signed in front of an authorised witness, such as a Justice of the Peace or solicitor.
How long does it take to get consent orders approved?
Processing times vary, but most applications that are correctly drafted and properly documented are reviewed by a Registrar without a court hearing. You are not required to attend court unless the Registrar specifically requests it.
What happens if my consent orders are rejected?
The court will issue a requisition explaining what needs to be corrected. You will need to address the issues raised and refile. A solicitor can help you identify the problems and redraft the orders to meet the court’s requirements.
Can I include superannuation in DIY consent orders?
Superannuation must be dealt with separately from other property. You must serve written notice on the superannuation fund trustee at least 28 days before filing the splitting order. The trustee has the right to appear at court and may object to the proposed orders. This process is complex and seeking legal advice is strongly recommended.
What is the time limit for applying for consent orders?
Married couples must apply within 12 months of the date their divorce order becomes final. De facto couples must apply within two years of the end of their relationship. The court may grant leave to apply outside these time limits, but approval is not guaranteed.
