Consent Order Lawyers in Balwyn
Make your agreement legally binding, without a court hearing
If you and your former partner have agreed on property, superannuation, or parenting arrangements, consent orders can make that agreement binding and enforceable. Grice Legal prepares the application and proposed orders, handles superannuation fund requirements, and files the documents with the Federal Circuit and Family Court of Australia. We also check that the terms work in practice before you sign.
How we can help with consent orders
Before anything is drafted, we review what has been agreed, explain whether the court is likely to approve it and identify anything important that has been missed.
Reviewing your agreement
We draft clear parenting orders about living arrangements, time, communication and decision-making, using wording that works in practice for your family.
Parenting consent orders
We draft orders dealing with the family home, other property, debts and financial resources, including the practical steps and deadlines needed to carry them out.
Property and financial orders
We prepare the Application for Consent Orders and supporting documents, file them electronically and respond to any requisitions or requests from the court.
Filing with the court
We prepare superannuation splitting orders, obtain the necessary information from the fund and give the trustee the notice required before the application is filed.
Superannuation splitting
Once orders are made, we help with property transfers, refinancing, superannuation splits, and any available duty exemptions for transfers.
Implementing the orders
The process depends on what has been agreed, but most consent orders involve the following steps.
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Step 1 – Initial conference
We discuss what has been agreed, your financial circumstances and any children's arrangements, and identify gaps or risks in the proposed terms.
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Step 2 – Disclosure and information
We confirm that enough financial information has been exchanged and request superannuation information where a split is proposed.
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Step 3 – Draft the orders
We prepare the proposed orders and application and send them to your former partner or their lawyer for comment.
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Step 4 – Sign and file
Once the terms are settled, both parties sign, and we file the documents with the court. A hearing is not usually required.
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Step 5 – Orders made and implemented
When the court issues the orders, we explain what each party must do and help them complete the steps on time.
The cost of consent orders
Once we understand what has been agreed and the assistance you need, we will discuss the likely costs with you and provide the required cost disclosure. This explains how our fees will be calculated and gives you an estimate of the likely legal costs, based on the information then available.
Costs depend mainly on the complexity of the property and superannuation, and whether the terms still need negotiation. Court filing fees are separate. If the court requests further information or the scope changes, we will discuss any material change in the likely costs with you.
Consent orders for separated couples in eastern Melbourne
Many separating couples in Boroondara and eastern Melbourne reach their own agreement about the family home, superannuation and the children. Consent orders turn that agreement into enforceable orders without either of you having to go to court.
We prepare consent orders for clients across eastern Melbourne from our Balwyn office, with conferences in person, by telephone or by video.
Why Clients Trust Grice Legal
Grice Legal has been based in Balwyn since 1974. We are a boutique firm advising on family law, property and conveyancing, and wills, estates and structures, with a personal, senior-led approach.
Our Whitehorse Road office in Balwyn has served clients across Boroondara and eastern Melbourne for more than 50 years.
Local since 1974
You will know who is looking after your matter and can speak with them directly when questions arise.
Direct access to your lawyer
Conferences are available in person at our Balwyn office, by telephone or by video.
Meet in the way that suits you
Plain-English, practical advice
We explain your options, the risks and the next steps clearly, so you can make informed decisions.
We discuss the likely costs at the start and let you know if the estimate changes.
Open about costs
From Our Clients
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"Nicholas was a patient and a very good listener. He understood my concerns and gave advice accordingly. I feel that I am in good hands."
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"After my appointment with Rachael I am confident that I now have the right person handle my legal issues."
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"Our initial appointment certainly met and exceeded expectations. It was extremely informative and we received the advice we needed. Thank you!"
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"Anna was very professional, friendly and very helpful"
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![Five maroon five-pointed stars in a row]()
"Rachael gives clear, informed goals. She shows understanding and empathy for your particular needs and sets outs steps to achieve them."
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![Five red stars arranged in a horizontal row.]()
"Nicholas provided me with excellent, timely, professional service and I am confident he will continue to do so should I require it."
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![Five maroon-colored stars in a row]()
"Anna was just a pleasure to have working for us. She was always clear and thorough, advocating for us and advising us along the way of buying our new house. We would totally recommend her and her service."
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"I found Grice Legal to be extremely helpful and efficient with their advice and prompt with all the required paperwork in completing my will requirement, veery approachable staff. I can fully recommend their services"
Consent Order FAQs
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Consent orders are orders made by the Federal Circuit and Family Court of Australia based on an agreement between separated parties. They can deal with property and superannuation, parenting arrangements, or both. Once made, they are legally binding and enforceable in the same way as orders made after a hearing.
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Usually not. Consent orders are sought by filing an application with the proposed orders. A registrar reviews the documents, and in most cases the orders are made without either party attending court. The court may ask for further information or amendments if something is unclear.
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Not automatically. For property orders, the court must be satisfied that the division is just and equitable. For parenting orders, the court must be satisfied that the arrangements are in the children's best interests. Careful drafting and complete information make approval more likely.
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Both can finalise a property settlement. Consent orders are approved by the court. A binding financial agreement is not approved by a court, but each party must receive independent legal advice before signing. The better option depends on your circumstances, and we can explain the differences.
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One lawyer cannot act for both parties. Your former partner is not required to have a lawyer for consent orders, but independent advice is strongly recommended, so they understand the effect of the orders and the agreement is less likely to be disputed later.
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Yes. Consent orders can split superannuation between the parties. The superannuation fund trustee must be given notice of the proposed orders before the application is filed, and the orders must be worded to meet the fund's requirements.
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Yes. Property orders generally need to be sought within 12 months after a divorce takes effect or within two years after a de facto relationship ends. If the time limit has passed, the court's permission is required. Parenting orders are not subject to the same time limits.
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Property orders are intended to be final and can only be set aside in limited circumstances, such as fraud, non-disclosure or the orders becoming impracticable to carry out. Parenting orders can be changed by agreement, or by the court if there is good reason, such as a significant change in circumstances.
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The time depends on how quickly the terms are settled, whether superannuation notice is required and the court's processing times. We will give you an indication once we understand your agreement and the information available.
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Because consent orders are court orders, they can be enforced. Options depend on the orders and the breach and may include an application to the court. Obtain advice before taking action, and keep a dated record of what has happened.