Consent Orders (Form 11 Application)

Finalise your separation legally and simply- without going to court

A Form 11 Application for Consent Orders is the legal document used to formalise the agreement between you and your former partner about:

• how your property, debts and superannuation will be divided; and/or
• parenting arrangements for your children.

Consent Orders are the most common and recommended way to legally finalise your separation in Australia- especially when both parties agree.

What is a Form 11 Application?

The Form 11 is lodged with the Family Court of Western Australia (or the Federal Circuit and Family Court elsewhere in Australia) and reviewed by a Registrar – you don’t need to attend court or appear before a judge.

The Application includes:

• the Form 11 itself;
• a document called a Minute of Proposed Orders, which sets out the terms of your agreement, paragraph by paragraph (each called an Order); and
• in Western Australia, it is common for a Schedule to also be attached.

The documents must be signed by both parties in the presence of an authorised witness, and then filed with the Court.

The Court will approve the application only if:

• property orders are just and equitable; and
• parenting orders are in the best interests of the children.

If approved, the Court will “seal” the Orders – meaning they are legally binding and enforceable, just like if a judge had made the decision at a hearing.

Why are Consent Orders important?

Without Consent Orders, your informal agreement is not legally enforceable or final – which can leave you exposed to future disputes or claims.

For property settlements, Consent Orders can:

• make your agreement final, enforceable, and binding;
• protect your future assets and income from further claims;
• save thousands in stamp duty on property transfers;
• allow for capital gains tax rollover relief on property not used as your main residence;
• legally split superannuation (which requires a Court Order – your fund cannot accept private agreements); and
• give you peace of mind that everything is legally wrapped up so you can move on with your life.

For parenting arrangements, Consent Orders can:

• create certainty and structure for both parents and children;
• be enforced by the Court if one party does not comply; and
• help avoid conflict by clearly setting out each parent’s rights and responsibilities.

What are the advantages of Consent Orders?

Choosing Consent Orders over court litigation means:

• no court hearings or drawn-out legal battles;
• less stress and emotional strain;
• more control over your own outcome;
• significantly lower legal fees; and
• major tax savings.

How to get started

Your first step is a consultation with a family lawyer. We’ll discuss your situation and explain your options in plain English.

If you decide to proceed, you won’t pay anything upfront. We’ll prepare everything for you – and only issue an invoice once your Consent Orders are signed and filed with the Court.

We focus on making this process simple, affordable, and legally sound- so you can move forward with confidence and peace of mind.