We’ve Already Agreed- Do We Really Need Consent Orders?
If you and your ex-partner have already reached an agreement about how to divide your assets after separation, you might be wondering: Do we really need to go through the process of getting consent orders? The short answer? Yes, you do.
Even when things are amicable, failing to formalise your agreement through legally binding consent orders can expose you to unnecessary risk and lead to serious (and potentially devastating) financial consequences. Let’s walk through why consent orders are essential, even when you’re already on the same page.
Consent Orders are Legally Binding
A verbal or informal written agreement, even one signed or in the form of a statutory declaration, is not legally binding when it comes to property settlement after separation. Unless your agreement is formalised through Consent Orders or a Binding Financial Agreement, either party can still apply to the Court later (sometimes even many years later) to seek a different outcome and second “bite of the cherry”.
Without consent orders, there’s nothing stopping someone from changing their mind and coming back for more. If that happens and the matter ends up in court, the judge won’t simply accept your statutory declaration or informal written agreement as the final word. The court won’t say, “Well, this is what they agreed to back then, so that settles it.” Instead, the entire situation will be reopened and reassessed from scratch, including everything that’s happened since.
With consent orders:
- your agreement becomes final and enforceable by law;
- you have certainty and protection; and
- you avoid the stress and cost of future disputes.
Future Assets and Income Are Protected
If you don’t have consent orders in place and your ex later changes their mind and takes the matter to court, the Court won’t just look at what you owned at the time of your informal agreement. It will consider the full financial picture as it stands when the case is heard — including any property, savings, superannuation, or other assets you’ve accumulated since. Any increase in the value of those assets will also be factored in.
In other words, it’s not just what you had at separation that’s at stake — it’s everything you’ve worked to build since. The entire asset pool at the time of proceedings may be up for division. In effect, all the work you’ve done to rebuild your financial position and grow your assets could end up benefiting your ex-partner as well.
Without a sealed consent order from the Court, the financial relationship between you and your former partner is still open. That means that your ex can still try to claim any property, savings, or income you earn in the future.
Consent orders provide a clean financial break. They ensure that once the agreement is made, each of you is free to move on without future claims.
You Could Save Thousands in Stamp Duty
One of the biggest financial benefits of consent orders is the ability to avoid stamp duty on property transfers. For example, if one party is buying out the other’s share of the family home and the title is transferred from joint names into one name, you may be exempt from stamp duty – but only if the agreement is formalised through consent orders. This exemption alone can save you thousands.
Capital Gains Tax Rollover Relief
If you’re transferring real estate (other than your main residence), you may be entitled to CGT rollover relief – but again, only if you have formal consent orders. Without them, any transfer could trigger capital gains tax obligations immediately.
Superannuation Can’t Be Split Without a Court Order
Even if you and your ex agree to split superannuation, you can’t do it on your own. Superannuation funds require a Court Order to make any changes to super balances or to divide funds.
So even with the best intentions and full agreement, you’ll need consent orders to legally divide super.
Peace of Mind and Closure
Perhaps the most underrated benefit of formalising your agreement is emotional closure. Knowing that everything is done properly, that your financial ties are resolved, and that there are no loose ends gives you the freedom to:
- move on;
- plan for your future; and
- trust that everything is legally in place.
Consent orders aren’t just about protecting money. They’re about protecting your peace of mind.
Don’t Let Simplicity Fool You
If you’ve already agreed – that’s great. It means you’re halfway there. Now make it official and legal.
At Amicable Family Law, we help people just like you – those who want to move on without conflict, without drama, and without unnecessary expense. We prepare fixed-fee consent orders and help you get it done quickly and painlessly.
If you’ve agreed, let’s make it final.