Free consent order template (Australian family law)
A free Australian family law consent order template from Quillio covers property settlement orders (section 79 or 90SM Family Law Act 1975 (Cth)) and parenting orders. Drafted in current Federal Circuit and Family Court of Australia (FCFCOA) format. Consent orders need to be approved by the court — I draft the application for consent orders (Form) and the minutes of order.
What consent orders cover
Property settlement: division of real estate, superannuation splits, business interests, savings, debts. Under section 79 (spouses) or section 90SM (de facto) of the Family Law Act 1975 (Cth). Parenting orders: parental responsibility, living arrangements, spend time arrangements, communication, changeovers, decision-making. Section 64B of the Family Law Act 1975 (Cth) specifies what parenting orders can cover.
The application for consent orders
Unlike BFAs, consent orders require court approval. The application is made on the prescribed form and must include: a statement of the parties' financial circumstances; the proposed orders; and evidence that the orders are "just and equitable" (section 79(2)). The court must be satisfied that property orders are just and equitable and that parenting orders are in the best interests of the child before making them.
Superannuation splitting
Super splitting orders are made under Part VIIIB of the Family Law Act 1975 (Cth). A procedural fairness notice (PFN) must be given to the superannuation trustee at least 28 days before the orders are made. Quillio can produce the PFN, the flagging order, and the payment splitting order in a single workflow.
How I draft consent orders
Tell me the parties, property pool, proposed division, and parenting arrangements. I draft minutes of order in current FCFCOA format and the application for consent orders in under 2 minutes. For family lawyers this compresses hours of drafting into minutes while maintaining quality on super splitting and ancillary orders.
Common issues
- The "just and equitable" threshold must be met — dramatically unequal divisions need supporting analysis
- Super splitting requires procedural fairness notice — do not forget this
- Section 106B order is needed for any transfer of non-standard assets (life insurance, managed investments)
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