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Family lawyer — property settlements and parenting

Consent orders and a binding financial agreement are alternatives, not steps.

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What we do here

  • Finalising a property settlement after separation
  • Binding financial agreements, before or after
  • Independent advice on the other side's agreement
  • Parenting consent orders
  • Divorce applications

What it costs

The figures below are for the documents named. Court filing fees are set by the Federal Circuit and Family Court of Australia and are additional. Court appearances start at $2,500.

How long it takesConsent orders are commonly made within six to ten weeks of filing, on the papers, without anyone attending. A binding financial agreement can be done in a fortnight if both sides move. Contested proceedings are measured in years.
Consent orders, propertyWhere terms are already agreed: the Application for Consent Orders and the minute of orders, filed with the court. Binds both parties and is enforceable as an order.
$2,750–$6,000
Binding financial agreementDrafted under Part VIIIA of the Family Law Act 1975 (Cth) for married couples, or Part VIIIAB for de facto couples. Includes the independent legal advice certificate we must give you. More on binding financial agreements.
$4,000–$8,000
Advice and certificate on the other side's agreementWhere the other party's lawyer has drafted the agreement and you need independent advice before signing. Without this certificate the agreement does not bind under s 90G(1), and only a court order under s 90G(1A) can save it.
$1,000–$2,000
Parenting consent ordersAgreed arrangements filed with the court.
$3,300–$4,950
Parenting planWritten and signed, but never filed. Not enforceable as an order.
$1,650
Divorce applicationSole or joint. Court filing fee is additional.
$1,650

Indicative ranges for common matters, including GST, disbursements extra. Your fee is confirmed in writing before work begins. Full list for this area.

Questions people ask

No. They are alternatives, and duty and tax are not the reason to prefer one. A transfer under either attracts the transfer duty exemption in s 68 of the Duties Act 1997 (NSW), and the capital gains tax rollover in Subdiv 126-A of the Income Tax Assessment Act 1997 (Cth) where the parties have separated and the transfer is because of the breakdown. Consent orders are made by a court, which must be satisfied the split is just and equitable, and are difficult to set aside. A binding financial agreement is a private contract that no court sees, and each party must have independent legal advice.

For married couples, 12 months from the divorce becoming final: s 44(3) of the Family Law Act 1975 (Cth). For de facto couples, two years from the end of the relationship: s 44(5).

No. A verbal agreement or a bank transfer does not stop a later claim, does not attract the transfer duty exemption on transferring the house, and does not get the capital gains tax rollover.

Most property settlements are finalised without a hearing. If you and your former partner can agree the figures, consent orders are filed and a registrar makes them on the papers, provided the registrar is satisfied the orders are just and equitable. If you cannot agree, the matter is decided in court, which takes longer and costs more.

It is relevant but not decisive. Since the amendments commencing 10 June 2025 the court identifies the legal and equitable interests and the liabilities first, then weighs each party's contributions, then the current and future circumstances of each of you. Family violence is now an express consideration at both stages. A title in one name does not settle it.

Guides on this

Separating: the first three decisionsConsent orders or a binding financial agreement?Consent orders and a binding financial agreement are alternatives, not a sequence.

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General information only. Not legal advice, and no solicitor–client relationship arises until an engagement is confirmed in writing and a conflict check is completed.