Application for Consent Orders (Form 11 — Australia)
When separating Australian parents and partners agree on parenting arrangements or property settlement without needing the Court to hear contested evidence, they can apply jointly for <strong>Consent Orders</strong> under <em>Family Law Act 1975</em> (Cth) s. 87 — turning their private agreement into binding, enforceable Court orders without a hearing. Our free Form 11 template is fully aligned to the <em>Family Law Amendment Act 2023</em> (Cth) reforms that commenced on <strong>6 May 2024</strong> — including the simplified s. 60CC best-interests framework, the abolition of the equal-shared-parental-responsibility presumption, and the new s. 60CC(3) consideration for Aboriginal and Torres Strait Islander children.
Date of Birth: 4 March 1982
Phone: +61 412 998 776
Email: andrew.patterson@email.com.au
Date of Birth: 11 August 1985
Phone: +61 421 887 665
Email: margaret.patterson@email.com.au
The Parties were married on 12 February 2014. The Parties separated on 20 March 2025. The Parties have not yet applied for divorce.
The Parties seek the following orders by consent:
- Parenting orders under Family Law Act 1975 (Cth) Part VII, in the best interests of the child(ren) (s. 60CC).
- Property orders under Family Law Act 1975 (Cth) s. 79 (alteration of property interests).
The detailed terms of each order sought are set out in the Annexure (Draft Consent Orders) attached to this Application.
The child(ren) of the relationship:
Child 1: Oliver J. Patterson, born 14 May 2016.
Child 2: Charlotte R. Patterson, born 22 September 2019.
Parental responsibility: The Parties propose joint decision-making on major long-term issues. Where parental responsibility is joint, the Parties shall consult with each other and make a genuine effort to come to a joint decision on major long-term issues — including the child(ren)'s education, health, religious and cultural upbringing, name, and place of residence (within the meaning of Family Law Act 1975 (Cth) s. 4(1)).
Time arrangements: The children shall live with the Mother as their primary residence and shall spend time with the Father every alternate weekend from Friday after school until Monday morning before school, plus one weeknight per week (Wednesday) from after school until 7:00 PM. School holidays shall be shared equally, including alternating Christmas and Easter. Special days (birthdays, Mother's Day, Father's Day) are spent with the relevant parent.
Best interests assessment (s. 60CC, as amended 6 May 2024): The Parties have considered the best interests of the child(ren) by reference to the factors in Family Law Act 1975 (Cth) s. 60CC, in the form in operation since 6 May 2024 (Family Law Amendment Act 2023):
(a) Safety of the child(ren) and people who care for the child(ren) — including any history of family violence and any current family violence orders;
(b) Benefit to the child(ren) of being able to have a relationship with the child(ren)'s parents, and other people significant to the child(ren), where it is safe to do so;
(c) The views of the child(ren), having regard to their maturity and level of understanding;
(d) The developmental, psychological, emotional, and cultural needs of the child(ren);
(e) The capacity of each parent to provide for those needs; and
(f) Anything else relevant to the particular circumstances of the child(ren).
Total Asset Pool (approximate value): AUD 1,850,000.00
Description of the property pool: Family home at 23 Coolong Road, Vaucluse NSW (AUD 1,650,000 net of mortgage); joint bank account (AUD 80,000); Andrew's share portfolio (AUD 95,000); Margaret's vehicle 2023 Subaru Outback (AUD 25,000); contents of family home (AUD 50,000). Total liabilities: existing mortgage already netted off home value. No outstanding personal debts.
Proposed division: The family home is to be sold and net proceeds split 55% to the Mother (primary carer) and 45% to the Father. The joint bank account is to be split 50/50. The Father retains his share portfolio. The Mother retains her vehicle. Contents are divided as agreed in a separate schedule.
The Parties confirm that they have disclosed to each other all relevant financial information (income, assets, liabilities, financial resources) in accordance with the duty of disclosure under Federal Circuit and Family Court (Family Law) Rules 2021 reg. 6.06. The Parties have considered each of the four steps required under Family Law Act 1975 (Cth) s. 79(4): (a) identification and valuation of the property pool; (b) assessment of each party's direct and indirect contributions; (c) assessment of the future needs of each party (including age, health, income-earning capacity, care of children); and (d) overall justice and equity of the proposed division.
Jurisdiction: The Federal Circuit and Family Court of Australia (Division 2) has jurisdiction over this Application under Family Law Act 1975 (Cth) s. 31 (married parties) . At least one Party is an Australian citizen, an ordinary resident of Australia at the date of filing, or otherwise meets the jurisdictional requirements of the Act.
Statement of truth: Each Party confirms that:
(a) the contents of this Application and the proposed orders in the Annexure are true and correct to the best of the Party's knowledge and belief;
(b) the Party has disclosed all relevant facts to the other Party and to the Court;
(c) the Party freely consents to the orders sought, without pressure or duress, and after having had the opportunity to obtain independent legal advice; and
(d) the Party will comply with the orders made by the Court on this Application.
Setting aside under s. 79A / s. 90SN — future reconsideration trigger: The Parties acknowledge that a final property order made by consent under Family Law Act 1975 (Cth) s. 79 can subsequently be set aside under s. 79A only in limited circumstances, including: (a) miscarriage of justice due to fraud, duress, suppression of evidence, false evidence, or other circumstance; (b) impracticability of compliance; (c) default by a party; (d) circumstances of an exceptional nature relating to the care of a child; or (e) a proceeds-of-crime order has been made. The Parties confirm that they enter into these proposed orders with full knowledge of this limited reconsideration framework and waive any inferential rights to a future variation.
Each Party signs this Application by way of consent to the proposed orders set out in the Annexure. Each signature is an act of consent for the purpose of Family Law Act 1975 (Cth) s. 87 and the Federal Circuit and Family Court (Family Law) Rules 2021 reg. 26.
Dated: 15 May 2026.
Filing instructions: File this Application (Form 11), the proposed Consent Orders (Annexure), and any supporting documents required by the Rules with the Federal Circuit and Family Court of Australia (Division 2) via the Commonwealth Courts Portal at www.comcourts.gov.au. The filing fee is payable in accordance with the prevailing schedule under the Federal Circuit and Family Court Regulations 2021.
What Is an Application for Consent Orders?
An <strong>Application for Consent Orders</strong> is a joint application made by separating parents or partners to the Federal Circuit and Family Court of Australia (FCFCOA) under <em>Family Law Act 1975</em> (Cth) <strong>section 87</strong> and the <em>Federal Circuit and Family Court (Family Law) Rules 2021</em> reg. 26. The application uses the prescribed <strong>Form 11</strong> (Application for Consent Orders) and is accompanied by an <strong>Annexure</strong> containing the actual draft orders the parties want the Court to make. The Court reviews the application and the proposed orders on the papers — there is no court appearance unless the Registrar has concerns — and either makes the orders, requests further information, or refuses to make orders that are not just and equitable.
Consent Orders are typically used to formalise: <strong>parenting arrangements</strong> (with whom the children live, how much time they spend with each parent, decision-making on major long-term issues); <strong>property settlement</strong> (the division of assets, liabilities, and superannuation between the parties under s. 79 for married parties or s. 90SM for de facto parties); <strong>spousal maintenance</strong> (periodic payments under s. 74 / s. 90SE); and <strong>binding child support agreements</strong> (under the Child Support (Assessment) Act 1989). Once made, Consent Orders are <strong>final and binding</strong> — they have the same legal force as orders made after a contested hearing, and can only be set aside in very limited circumstances under s. 79A (or s. 90SN for de facto).
The <em>Family Law Amendment Act 2023</em> (Cth), which commenced on <strong>6 May 2024</strong>, made the most significant changes to Australian family law in over a decade. The presumption of <strong>equal shared parental responsibility</strong> has been repealed; the mandatory consideration of <em>equal time</em> and <em>substantial and significant time</em> has been removed. The simplified <strong>section 60CC</strong> now lists just six core factors for the Court to consider, with safety of the child and carers at the top. A new <strong>s. 60CC(3)</strong> requires the Court, where the child is Aboriginal or Torres Strait Islander, to also consider the child's right to connect with their culture, family, and community. Our Form 11 template captures all these reforms and presents the application in the format the FCFCOA now expects.
What's Covered in This Template
Our Australian Application for Consent Orders covers the full Form 11 framework plus optional Expert provisions for complex matters.
Relationship and Separation
Marriage or de facto status (s. 4AA factors), marriage date or de facto start, separation date, divorce status, limitation periods (s. 44(3) / s. 44(5)).
Both Applicants — Full Details
Names, addresses, dates of birth, contact details — consent orders are joint applications signed by both parties.
Orders Sought — Checkbox Menu
Parenting orders (Part VII), property orders (s. 79 / s. 90SM), spousal maintenance, binding child support — any combination.
Children + Repeatable Rows
Up to 8 children with names and dates of birth. Parental responsibility: joint or sole decision-making on major long-term issues.
Time Arrangements
Free-text description of the proposed care arrangements — week-on-week-off, alternating weekends, school holidays, special days.
s. 60CC Best Interests (6 May 2024)
Embedded acknowledgement of the simplified s. 60CC factors: safety, benefit of relationships, child's views, developmental/cultural needs, parental capacity, anything else.
Property Pool Statement
Total pool value (AUD), description of all assets and liabilities, proposed division. Triggers the four-step process under s. 79(4) / s. 90SM(4).
Jurisdiction and Statement of Truth
FCFCOA jurisdiction under s. 31 (married) or s. 39B (de facto), full and frank disclosure under reg. 6.06, true and correct declaration by both parties.
Expert: Superannuation Splitting
Part VIIIB splitting orders under s. 90MT — splitting amount or percentage, member account, receiving fund, fund-service requirement under s. 90XZB.
Expert: Independent Children's Lawyer
ICL appointment request under s. 68L with supporting reasons (family violence, complex case, views of children).
Expert: s. 79A Reconsideration Acknowledgement
Express acknowledgement that the Court can set aside final property orders only on limited grounds (fraud, duress, impracticability, exceptional child circumstances).
Expert: s. 60CC(3) Aboriginal / Torres Strait Islander
New best-interest consideration (6 May 2024) — child's right to connect with culture, family, and community. Cultural-considerations field.
How to Create an Application for Consent Orders
Follow these steps to produce a Form 11 application ready for filing on the Commonwealth Courts Portal.
- 1
Confirm Relationship and Separation
Enter relationship type (marriage or de facto under s. 4AA), the marriage date or de facto start, the separation date, and the divorce status (if applicable). Check the limitation periods: property settlement after divorce must be filed within 12 months of the divorce order (s. 44(3)); de facto property settlement must be filed within 2 years of separation (s. 44(5)).
- 2
Enter Both Applicants' Details
Provide full legal names, residential addresses, dates of birth, and contact details for both applicants. The application is jointly signed by both parties — there is no respondent. Disclose any current family violence orders.
- 3
Select Orders Sought
Choose any combination of parenting, property, spousal maintenance, and binding child support. The template adapts to show only the relevant fields. The Annexure (draft Consent Orders) is a separate document attached to the Form 11 — it contains the actual order wording in numbered paragraphs.
- 4
Address Parenting and Property in Detail
For parenting: list the children (up to 8), choose joint or sole parental responsibility on major long-term issues (post-6 May 2024), describe the proposed time arrangements. For property: state the total pool value, describe each asset and liability, set out the proposed division. Add the Expert superannuation-splitting clause if needed.
- 5
File on Commonwealth Courts Portal
File the executed Form 11, the Annexure (draft Consent Orders), any supporting affidavit, the relevant family-violence or child-protection notices, the parenting questionnaire (Form 13 / 13A) where applicable, and pay the filing fee on the Commonwealth Courts Portal at www.comcourts.gov.au. The Court reviews on the papers; orders are typically made within 4-8 weeks.
Legal Considerations
Consent Orders are final and binding — both parties should understand the rights they are settling and obtain independent legal advice.
This template is for informational purposes only and does not constitute legal advice. Consent Orders are <strong>final and binding</strong> and create legal rights and obligations enforceable by the Court. Before signing, both parties should obtain <strong>independent legal advice</strong> from an accredited specialist in family law. The Court can refuse to make orders that are not just and equitable, and can require the parties to attend a hearing if there are concerns about the welfare of children or the fairness of the property division.
Reviewed for Australian family law
The 6 May 2024 Reforms — Section 60CC Best Interests
The <em>Family Law Amendment Act 2023</em> (Cth) commenced on 6 May 2024 and is the most significant family-law reform in over a decade. The amendments apply to all new and existing parenting proceedings, except where the final hearing had already begun. Key changes: (a) repeal of the <strong>presumption of equal shared parental responsibility</strong>; (b) removal of the <strong>mandatory consideration of equal time</strong> and <em>substantial and significant time</em>; (c) simplified <strong>s. 60CC</strong> with six core factors centred on safety of the child and carers; (d) new <strong>s. 60CC(3)</strong> for Aboriginal or Torres Strait Islander children — separate consideration of the child's right to connect with culture, family, and community; (e) revised "objects" of Part VII emphasising the child's best interests and the Convention on the Rights of the Child.
Property Settlement — Four-Step Process
The Court applies a four-step process to property orders under <em>Family Law Act 1975</em> (Cth) s. 79 (married) and s. 90SM (de facto). <strong>Step 1:</strong> identify and value the property pool at the date of the application (assets minus liabilities, including superannuation under Part VIIIB). <strong>Step 2:</strong> assess each party's direct and indirect contributions — financial (income, capital), non-financial (renovations, family business), and homemaker / parent contributions. <strong>Step 3:</strong> assess the future needs of each party under s. 75(2) / s. 90SF(3) — age, health, income-earning capacity, care of children. <strong>Step 4:</strong> consider the overall justice and equity of the proposed division. The duty of <strong>full and frank disclosure</strong> is mandatory under reg. 6.06; orders made on incomplete disclosure can be set aside under s. 79A.
Limitation Periods — Don't Miss the Window
Strict limitation periods apply to property and spousal maintenance applications: (a) after divorce, married parties must apply within <strong>12 months</strong> of the date the divorce order took effect (<em>Family Law Act 1975</em> (Cth) s. 44(3)); (b) de facto parties must apply within <strong>2 years</strong> of separation (s. 44(5)). After these deadlines, leave of the Court is required and is only granted in limited cases. The deadlines apply equally to consent orders — even an agreed application filed out of time may be refused. The Court has discretion to grant leave under s. 44(4) / s. 44(6) but it is not automatic.
Superannuation Splitting — Part VIIIB
Superannuation is treated as property under <em>Family Law Act 1975</em> (Cth) <strong>Part VIIIB</strong> (married parties; commenced 28 December 2002) and <strong>Part VIIIAB Division 3</strong> (de facto parties; commenced 1 March 2009). The Court can make a <strong>superannuation splitting order</strong> under <strong>s. 90MT</strong> directing that a specified amount or percentage of one party's super interest be transferred to the other party. The order must be served on the trustee of the fund under <strong>s. 90XZB</strong>. Many funds require the order in a specific format — check with the fund before drafting. Self-managed super funds (SMSF) have additional complications around membership and trusteeship that may require restructuring.
Frequently Asked Questions
Formalise Your Family-Law Agreement Today
Choose the orders you both want (parenting, property, spousal maintenance, child support), enter the details, and produce a Form 11 Application for Consent Orders ready for joint filing on the Commonwealth Courts Portal under the new 6 May 2024 framework.
Free · Instant PDF · No account required