Consent orders in WA: Family Court of WA guide

Which court: the Family Court of Western Australia

A consent order is a written agreement that a court has approved. Once it is made, it has the same effect as an order made by a judge after a hearing.

Western Australia is the only state with its own family court. If you both live in WA, you apply for consent orders to the Family Court of Western Australia, whether you were married or in a de facto relationship. Couples in every other state and territory apply to the Federal Circuit and Family Court of Australia. If one of you lives in another state, get advice about which court to apply to.

The court is the same for everyone in WA, but the law it applies depends on your relationship:

Either way, the court can only make property orders if it is satisfied they are just and equitable, even where you both agree.

Why WA is different for de facto couples

Outside WA, de facto couples are dealt with under the Family Law Act, like married couples, because the other states referred their power over de facto property disputes to the Commonwealth. Western Australia did not refer that power. WA de facto couples are dealt with under the state's own Family Court Act 1997 (WA), Part 5A.

The one exception is superannuation. WA did refer de facto superannuation matters to the Commonwealth, so a superannuation split for a WA de facto couple is made under the Family Law Act, s 90YY (Part VIIIC). It is not made under the Family Court Act.

In practice the two sets of rules are similar. Both ask whether the proposed division is just and equitable, and both look at what each of you contributed and what each of you will need. The differences that matter for a consent order application are the threshold tests, the connection with WA and the extra affidavit, all covered below.

Part 5A does not apply to a de facto relationship that ended before Part 5A came into force on 1 December 2002 (s 205U(2)). That is now rare, but if your relationship ended a long time ago, get advice.

Who counts as a de facto couple in WA

WA law defines a de facto relationship as a relationship, other than a legal marriage, between two people who live together in a marriage-like relationship (Interpretation Act 1984 (WA), s 13A). The indicators include:

• how long the relationship lasted
• whether you lived together, and how
• whether there was a sexual relationship
• financial dependence or interdependence, and how you supported each other
• how you owned, used and acquired property
• your commitment to a shared life
• whether you cared for and supported children
• how the relationship was seen by others

None of these is essential on its own. It does not matter whether you are the same sex or different sexes. It also does not matter if one of you was legally married to someone else at the time. If either of you has a spouse, that spouse must be notified of the application (s 205ZB(3)).

See De facto relationships for more on what counts.

Can the WA court deal with your de facto property?

For de facto couples, two tests must be met before the court can make property orders. Your affidavit has to show that both are met.

Length of the relationship (s 205Z)

One of these must apply:

• the de facto relationship lasted at least two years, or
• there is a child of the relationship under 18, and not making the order would cause serious injustice to the partner caring for the child, or
• the partner applying made substantial financial, non-financial or homemaker and parent contributions, and not making the order would cause serious injustice to that partner

Connection with WA (s 205X)

Both of these must apply:

1. at least one of you lived in WA on the day the application is filed, and
2. either both of you lived in WA for at least one third of the relationship, or the partner applying made substantial contributions of the kinds above in WA

Equivalent tests apply to a superannuation split for a WA de facto couple (Family Law Act, s 90YZB and s 90YZC). If you are not sure your relationship meets them, for example because you moved to WA recently, get advice before you prepare the documents.

Time limits

• Married couples: within 12 months after the divorce order takes effect (Family Law Act, s 44(3)).
• De facto couples: within two years after the relationship ends (Family Court Act, s 205ZB(1)). The same period applies to a de facto superannuation split (Family Law Act, s 44(7)).

A consent order application can still be made after the time limit if you both consent to the application being made. The court's own guidance says the same: if you are out of time, you must both consent to the court making the proposed orders. The court can still dismiss the application if the consent was obtained by fraud, duress or unconscionable conduct, and it still has to be satisfied the orders are just and equitable.

If only one of you wants to go to court after the time limit, that person needs the court's permission (leave), which depends on showing hardship. That is a contested application, not a consent order. See Time limits for property claims.

What you file

1. An Application for Consent Orders (Form 11), completed and signed by both of you. The form is on the Family Court of WA website.
2. Draft consent orders: the orders you are asking the court to make. The court provides a Minute of Consent Orders template, or you can set them out yourselves. Each order is a separate numbered paragraph, and the orders must say they are made by consent.
3. Supporting documents, which depend on your situation (below).

Supporting documents

• Property and financial orders: certified copies of any existing property or financial orders, the certificates of title for any real estate being transferred (in WA these come from Landgate), and any binding financial agreement you have made.
• Married couples: a copy of your marriage certificate, and your divorce order if you are divorced.
• De facto couples: an affidavit giving evidence of the relationship. It must cover where you live, how long the relationship lasted, your connection with WA and whether either of you has a spouse.
• Superannuation splits: the last two member statements for the fund, or a completed Superannuation Information Form, and the trustee's letter (below).

If anyone else's rights are affected, such as a lender or a company that owns property, they may have to be notified or joined as a party. This is one of the places where a lawyer's help is most useful.

Superannuation splits in WA

The rules for super come from the Family Law Act for everyone in WA: s 90XT for married couples and s 90YY for de facto couples. The steps are the same:

1. Agree the value of the super interest. If the Family Law (Superannuation) Regulations 2025 set a method of valuing it, that method must be used.
2. At least 28 days before you file, send the fund's trustee written notice of the proposed orders, telling the trustee it can object within 28 days.
3. If the trustee asks for changes, amend the orders and send them back. If it has no objection, it will usually say so in a letter, which you file with the application.
4. If the trustee has not replied after 28 days, you can file with a copy of your letter to the fund and a note that no reply was received.

The court also has to declare the value of the interest being split, so the orders need a statement of the value and evidence of it. See Super splits explained.

Signing the documents

• The affidavit parts of the Form 11 must be signed in front of an authorised witness, such as a Justice of the Peace. There is a Justice of the Peace at the Family Court registry in Perth from 9:30 am to 1 pm on weekdays.
• Each of you signs every page of the draft consent orders and dates the last page.
• Each of you signs the draft orders on the same day you sign your own affidavit. You do not have to sign on the same day as each other.
• The application must be filed within 90 days of the date the first affidavit was signed.

Filing: the eCourts Portal and the fee

Applications to the Family Court of WA are lodged through the eCourts Portal of Western Australia. You register as an individual, then choose Assisted Lodgement and the Family Court of WA. If you do not have a computer or scanner, the registry at 150 Terrace Road, Perth, has a self-serve kiosk where you can register, prepare and scan documents and upload them.

• The filing fee for an Application for Consent Orders is $215 from 1 July 2026. It is the same in the Federal Circuit and Family Court of Australia.
• The fee must be paid before the application is filed, online by Visa or Mastercard. It is not refundable.
• Court fees rise on 1 July each year. GST does not apply.
• You may be able to get an exemption if you hold certain concession cards, receive certain government support or can show financial hardship. If there is more than one applicant, all applicants must be eligible, or the full fee applies. Ask the registry how this applies to your consent application. Cardholders give their card details when filing; other exemption applications are decided before the application can be lodged.

What happens after you file

A Registrar of the court considers the application from the documents filed. If the Registrar is satisfied the orders should be made, the orders are produced and you download them from the eCourts Portal. If not, the court sends both of you a notice asking for more information. Answering it promptly and fully is the quickest way to get the orders made.

Requests for more information commonly come back for reasons like these:

• a part of the Form 11 left incomplete or unsigned, or figures that do not agree between parts of the application
• draft orders that are unclear, for example with no date by which a property must be transferred or a loan refinanced, or a property not described as it appears on the title
• an asset, a debt or a trust left out of the financial information
• a superannuation split filed without the trustee's letter, a recent member statement or the value of the interest
• an uneven division with no explanation of why it is just and equitable
• for de facto couples, no affidavit evidencing the relationship, or doubt about the connection with WA where one or both of you has moved away
• a missing copy of the certificate of title for land being transferred

Once the orders are made, they still have to be carried out. A property transfer, for example, is usually done through a settlement agent, using the sealed orders. See Property transfer after settlement.

Stamp duty and capital gains tax

The Family Court of WA lists three advantages of formalising a property agreement with consent orders: the orders can be set aside only in limited circumstances, property transferred under court orders attracts only nominal stamp duty, and capital gains tax rollover relief can apply. Confirm how these apply to you with your settlement agent or accountant. The Australian Taxation Office has more on the tax side.

Lawyers' fees in WA

You do not have to use a lawyer to apply for consent orders. The court says you should get legal advice, so you understand what the orders mean and what follows from them.

If a law practice has no written costs agreement with its client, the WA Legal Costs Committee's determination sets the most it may charge for Family Court work. From 21 September 2026 that is between $407 and $660 an hour for a lawyer, including GST, depending on seniority. It is a ceiling, not a typical rate, and it does not limit what a firm can charge under a written costs agreement. Most firms use one.

Lawcaptain in WA

Lawcaptain's lawyers are employees of MKI Legal, a Perth law firm, and Perth is home base. We prepare consent orders and lodge them with the Family Court of Western Australia, for married and de facto couples.

Our fixed prices do not change by state: $1,100 for Essentials, or from $2,750 for Full Service, fixed and including GST, plus extras where your situation needs them. On Essentials, for example, a superannuation split or a second property costs extra. The $215 court fee is paid to the court on top.

Common questions

Do WA couples apply to the Federal Circuit and Family Court of Australia?

No. If you both live in WA, you apply to the Family Court of Western Australia, whether you were married or de facto. The Federal Circuit and Family Court of Australia deals with family law in the other states and territories. If one of you lives in another state, get advice about which court to apply to.

Is the process different for de facto couples in WA?

The form is the same, the Application for Consent Orders (Form 11). De facto couples also file an affidavit showing the relationship meets the length test and has a connection with WA. Property orders are made under the Family Court Act 1997 (WA), Part 5A, rather than the Family Law Act.

Which law covers a super split for a WA de facto couple?

The Family Law Act 1975 (Cth), s 90YY, in Part VIIIC. WA referred de facto superannuation matters to the Commonwealth, so super splits for WA de facto couples are under the Commonwealth Act even though their other property orders are under the WA Act.

How much does it cost to file consent orders in WA?

The court's filing fee is $215 from 1 July 2026. If you use a lawyer, add the lawyer's fee. Lawcaptain's fixed price is $1,100 for Essentials or from $2,750 for Full Service, including GST, plus extras where your situation needs them. On Essentials, for example, a superannuation split or a second property costs extra.

Can we apply after the time limit?

Yes, if you both consent to the application. The time limits are 12 months after a divorce takes effect and two years after a de facto relationship ends. The court can still dismiss the application if consent was obtained by fraud, duress or unconscionable conduct, and it still has to find the orders just and equitable.

Do we have to go to court?

No. Consent orders turn your agreement into court orders without you going through the court process. A Registrar considers the application from the documents, and if more information is needed, the court sends you both a notice asking for it.

One of us has moved interstate. Can we still apply in WA?

For de facto couples, at least one of you must live in WA on the day the application is filed, and the relationship must have the connection with WA described above. If neither of you lives in WA any more, get advice about where to apply.