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Consent Orders (Parenting or Property)
Already reached an agreement? Now make it official.
Consent orders turn an agreement you and your ex-partner have reached — about parenting arrangements, property, or finances — into something that's legally binding, without either of you having to set foot in a courtroom. You work out the details together, put them in writing, and then the court reviews and formally approves them. Once approved, they carry the same legal weight as if a judge had made the decision after a hearing, which means they're enforceable if things don't go to plan down the track. It's often the simplest, most cost-effective option when both people are already on the same page.
Simply complete our guided intake form and we will prepare your court documents ready for signing. Once signed you can lodge them with the Family Court.
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Application for Orders (Pre-Action Procedures)
If you and the other party can not form an agreement by consent however you want to secure an agreement, you will need to make an application to the court. Once the application is submitted a registrar will decide on these orders. This process involves pre-action procedures and documentation that must be structured and formatted to be presented to and accepted by the court for a registrar to review. After an intake process, FLC will provide you your documents to be submitted to your Court portal to begin the process correctly.
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Application for Orders (Post-Separation)
Once pre-action procedures — including attending mediation — are done, the next step is filing an Initiating Application with the court, along with a Genuine Steps Certificate confirming you've genuinely tried to resolve things beforehand. For property matters, you'll also need a Financial Statement covering your assets, income, and liabilities, plus supporting documents. For parenting matters, if there are any safety concerns, a Notice of Risk will need to be filed as well as the standard documents. Once lodged on your portal, the Court will advise if they require an Affidavit to be submitted with your application.
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Affidavit
An affidavit is your written, sworn statement of evidence — essentially your side of the story told formally and under oath, so everything in it needs to be true and accurate. It sets out the relevant facts, why you're asking for the orders you're seeking, and any evidence supporting your position. Because it's sworn, the court relies heavily on it (alongside supporting documents) to understand each party's version of events. It's signed in front of an authorised witness, and once filed, the other party can read it and respond with their own. We can provide templates and examples so that your affidavit provides the Court with the correct information, in the correct format.
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Divorce Applications
If you're representing yourself, a divorce application in Australia can be filed jointly with your spouse (no service required) or solely, in which case you must formally serve the application on your spouse and file proof of service. Both routes require at least 12 months' separation, and you'll need your marriage certificate (with a certified translation if not in English), proof of Australian citizenship or 12 months' residency, and a counselling certificate if married under two years. The Court filing fee currently is $1100 (between you if shared) although there is a discount for eligible concession card holders or those facing financial hardship.
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Super Splitting
Superannuation counts as property under Australian family law and can be split by agreement or court consent orders, without a trial. You'll need a formal valuation from the fund trustee, independent legal advice for a superannuation agreement (or filing for consent orders), and proper notice to the trustee so they can implement the split. Self-managed super funds add extra complexity, as splitting may require restructuring or winding up the fund. We can assist with the necessary documents and the order in which the documents must be completed, although you may need legal advice independently if it becomes complex.
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Process Servers
In Australian family law, most documents that start or progress a case — divorce applications, parenting or property applications, subpoenas — must be formally "served" on the other party, and the person filing (the applicant) isn't allowed to serve them personally. This is where process servers come in: they deliver the sealed documents directly to the respondent, confirm their identity, and then swear an affidavit of service (or obtain a signed Acknowledgment of Service) proving it was done, which the court requires as evidence before the matter can proceed. They're especially useful when a respondent is avoiding service, since a process server can attempt substituted service or provide the sworn evidence needed to ask the court for another method if personal service isn't working. We can assist with your documents getting to the right people for service and the return of the service affidavit for you to upload as evidence to the Court.
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More Help - Referral Partners
If your situation calls for more than we can offer directly, we can refer you to our independent preferred lawyers and mediators for extra professional support. They offer an initial no-obligation phone call so you can discuss your circumstances and get a feel for whether they're the right fit, with no pressure to commit. From there, advice is available on a pay-by-the-hour basis, so you only pay for the time you actually need rather than committing to a full retainer — a practical option if you're mostly self-representing but want expert input at key decision points.
Self Representing Options