Moving forward · separating

Move forward — properly, and on your terms.

Make your agreement legally binding. Get the bank, the super fund, and your former partner sorted. A real Australian family lawyer prepares and lodges everything — from $1,100.

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You're in the right place if…

You and your former partner have agreed (or mostly agreed) how to split things.
The bank or mortgage broker has asked for a consent order before they'll refinance.
Your super fund needs a flag-and-split before it will process anything.
A 12-month (married) or 2-year (de facto) time limit is coming up.
You want something binding — so this can't be reopened years from now.
You've quietly priced a traditional firm and the number wasn't workable.

If most of those sound like you, you almost certainly want consent orders — the most common and most affordable way to finalise a financial split.

The risk of leaving it

“We agreed verbally — isn't that enough?”

Short answer: no. A verbal agreement, a handshake, even a signed letter between the two of you — none of those are binding. Without consent orders or a BFA, three things stay possible, even years from now.

Your former partner can come back for more

People's lives change. Without binding documents, they can lodge a claim — and the court will hear it. Pay rises, savings, inheritances, super, even property growth after separation can all still be on the table.

The bank won't refinance into one name

Banks almost always require a binding document before they'll move a mortgage and title into one person's name. Until then, both of you are still on the loan, and both of you are liable for it.

Joint debts stay joint

While there's no binding split, you're both 100% responsible for every joint debt. If your former partner stops paying, the lender comes for you.

Two options

Most separated couples choose consent orders

Once you've agreed how to split things, there are two ways to make it binding: consent orders or a Binding Financial Agreement. You pick one — not both. Here's how they compare.

Consent Orders
Post-separation BFA
Who needs a lawyer?
One side only — your partner can get advice but doesn't have to.
Both sides. Each party must have their own independent lawyer.
Who approves it?
The court — once sealed, it has the force of a court order.
No court. It's a private contract.
Privacy?
Limited — forms part of the court record.
Maximum — fully private.
What's the standard?
Must be “just and equitable” in the court's view.
Can be unusual or commercial — as long as the process is right.
Indicative price
From $1,100 + court fee (~$200)
From $1,500 per side
Best for
Most separated couples. Cheaper. Simpler.
Unusual deals, maximum privacy, or agreements outside the norm.

Not sure? Talk to our AI on this page, or call us — we'll tell you which one fits in about five minutes.

How consent orders work with us

Six steps, start to sealed

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1

Get your price

Use the AI chat on this page, get an instant quote online, or call 1300 967 552. Free, no obligation, no booking required.

2

Enter your details

Tell us about your relationship, children, assets, debts, and how you've agreed to split everything. At your own pace, in your own time. Save and come back later.

3

Sign the Costs Agreement

Once you're ready, you sign the formal Costs Agreement with MKI Legal — this is the moment we become your lawyers.

4

Talk to your family lawyer

Your lawyer reviews everything, answers your questions, and confirms consent orders are right for your situation. If they're not, you get a full refund.

5

Documents prepared and signed

We draft the application and the orders. You read them, ask any questions, and then both of you sign.

6

We lodge with the court

We file with the Court. The court typically reviews and seals within 2–6 weeks. Once sealed, they're legally binding.

Pricing

What it costs — fixed, published, in writing

Lawcaptain

Consent Orders

~$1,300 total indicative
Legal fees from $1,100 (plus court fee, ~$200)
Fixed price, published online
Money-back guarantee
Stamp duty as low as $20 on the family home

Traditional law firm

~$4,300+ total indicative
Legal fees $3,300 – $5,500 (hourly, not fixed)
Open-ended; depends on calls, meetings, emails
Same court fee (~$200)
Same stamp duty saving (if they claim it)
$1,300
Lawcaptain
$4,300+
Traditional firm

Indicative pricing. Real numbers in writing before you engage us.

Peace of mind

The things people worry about

What if my former partner won't agree at the last minute?

We give you a one-page outline of what the consent orders will say before we start drafting. Take it to your former partner on your timing. If you can't agree, you haven't paid for a draft you can't use. If the disagreement is small, our fixed-fee negotiation service can help. Most matters never get there.

What if the AI gets something wrong?

The AI helps us draft and organise. A real Australian family lawyer reviews every consent order before it's lodged — named, accountable, registered with the Law Society, and insured. If the document has a problem, the lawyer fixes it.

What if the court rejects our agreement?

A court registrar reviews every consent order against the “just and equitable” standard. Our lawyer reviews your matter before lodging to make sure it meets that standard. If we don't think the court will approve what you've agreed, we'll tell you up front — and your money is refundable at that stage.

Backed by MKI Legal. Real Australian family lawyers. Hundreds of consent orders prepared every year.

14+
years of family-law practice
200+
consent orders prepared each year
4.8
Google rating across 200+ reviews*
MKI Legal in the media
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Want to read more before you decide?

FAQs

Consent order questions

Can we do the consent orders application ourselves?

Technically yes — the court provides the form. In practice it's complex and easy to get wrong; rejections cause weeks of delay. We do this every day, at a fixed price, with a refund if we don't think it'll work.

Do we need to be divorced first?

No. You need to be separated. Divorce is a separate process and isn't required. (Married couples have 12 months after divorce to apply for a property division; de facto couples have 2 years from separation.)

Does my former partner need their own lawyer?

No. For consent orders, only one party needs a lawyer. The other party can get their own advice if they want (we recommend a brief sanity check), but it isn't a legal requirement.

Can the same lawyer act for both of us?

No — a lawyer can only act for one party. The other party can choose to get their own legal advice. The court approving the order is what protects both of you.

How long does it take?

From signing the Costs Agreement to signed-and-ready-to-lodge: usually 2–4 weeks. Court approval after lodging: typically another 2–6 weeks.

What can be covered in consent orders?

House and mortgage, bank accounts and savings, superannuation (via a super split), cars, investments, shares, business interests, personal loans and credit card debts — the full asset and debt picture, divided clearly.

What's the stamp duty saving on the family home?

When the title transfers under sealed consent orders, the stamp duty can be as low as $20 — instead of the full transfer rate, which can be thousands of dollars.

What if our matter is too complex for consent orders?

Our lawyer will tell you at the review stage. If consent orders aren't right, we refund you and explain what would fit — a post-separation BFA, a court application, or a mediation referral.

Refinancing the family home? We have brokers too.

Most of our separated clients are also refinancing — moving the mortgage and the title into one name. We work with mortgage brokers who specialise in post-separation refinancing, at no extra cost to you. They speak banker; we speak law. You don't have to coordinate it.

When you're ready — start the chat or pick up the phone.

Free discussion · No obligation · Our team will help you work out the right next step.

Start AI chatCall 1300 967 552
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