Do You Need Consent Orders Before Finalising A Divorce In Victoria?





Do You Need Consent Orders Before Finalising a Divorce in Victoria?


Do You Need Consent Orders Before Finalising a Divorce in Victoria?

Professional Introduction (First Person)
As a family law professional, one of the most common questions I hear is: “Do I need consent orders before my divorce is finalised?” Many clients assume that property settlement, parenting arrangements, and divorce all happen together, in one big legal process. In reality, these are separate steps — and understanding how they fit together can save you stress, time, and potentially a great deal of money. In this article, I’ll walk you through whether consent orders are required before divorce, how they work, what they cover, and why timing matters for your financial and parenting future.

Table of Contents

What Divorce Actually Covers in Victoria

Divorce in Australia is straightforward: it focuses only on ending the legal marriage. The Federal Circuit and Family Court of Australia considers only two criteria:

  • Has the marriage broken down irretrievably (shown by 12 months of separation)?
  • If there are children under 18, are proper arrangements in place?

Divorce does not determine:

  • Property settlement
  • Spousal maintenance
  • Child custody or parenting arrangements
  • Division of assets, debts, or superannuation

These matters are handled separately through consent orders or court proceedings.

Consent orders are formal, legally enforceable agreements approved by the court. They can cover:

1. Parenting Consent Orders

  • Where children live
  • How much time they spend with each parent
  • Parental responsibility and decision-making
  • Holiday and special occasion arrangements
  • Travel and communication

2. Financial/Property Consent Orders

  • Division of assets (property, cars, furniture)
  • Splitting superannuation
  • Responsibility for debts
  • Spousal maintenance
  • Sale or transfer of real estate

Consent orders allow separated couples to formalise agreements without going to trial. Once approved, they have the same legal weight as orders made by a judge.

Do You Need Consent Orders Before Finalising a Divorce?

No. You do not need consent orders before finalising a divorce in Victoria.

This is one of the biggest misconceptions people have. You can be:

  • Divorced with no consent orders in place
  • Separated with consent orders but not yet divorced
  • Still married while negotiating or applying for consent orders

Consent orders and divorce are legally independent processes.

However — while not required, consent orders are extremely important (especially financial orders), and timing can make a big difference.

Why Consent Orders Are Still Important

Even though you don’t need consent orders to finalise your divorce, you do need them to.

  • protect your assets
  • secure parenting arrangements
  • prevent future claims by your ex
  • finalise your financial separation legally
  • avoid expensive disputes years later

Without consent orders, property settlement and financial ties remain open — sometimes for years.

The 12-Month Deadline for Property Settlement After Divorce

Once your divorce becomes final, a strict clock starts ticking:

You have 12 months from the date of your divorce to apply for property settlement or spousal maintenance.

If you miss this deadline, you must seek permission from the court to apply out of time — and this is not guaranteed.

That’s why many people choose to:

  • finalise consent orders before divorce, or
  • begin property negotiations before the divorce process starts

It simply avoids the risk of running out of time.

Do Parenting Consent Orders Need to Be Done Before Divorce?

No.

Parenting orders can be made:

  • Before divorce
  • During the divorce process
  • After divorce

The divorce application itself only requires you to confirm that “proper arrangements” are in place for children under 18. These do not have to be formal or court-ordered.

Examples of acceptable arrangements include:

  • Informal parenting arrangements
  • A verbal agreement between parents
  • A written parenting plan
  • Existing consent orders

Consent orders are helpful but not mandatory before divorce.

Again, no — but timing matters greatly.

You can finalise divorce without property settlement, but delaying property orders can be risky.

The safest approach is often to finalise property settlement first or at least begin negotiations before filing for divorce. This ensures you don’t run into the 12-month deadline problem later.

The Benefits of Consent Orders

Consent orders provide clarity, security and peace of mind. Their advantages include:

1. Legal Finality

Once approved, neither party can re-open the issues without significant grounds.

2. Enforceability

Consent orders carry the same weight as orders from a judge. Breaches can lead to penalties.

3. Protection From Future Claims

Your ex cannot return years later asking for more money or a share of new assets (this happens often when no orders exist).

4. Certainty for Children and Property

Everyone knows their responsibilities — housing, finances, parenting time, decision-making.

5. No Court Hearing Required

Consent orders are normally approved “on the papers,” meaning you never appear in court.

Risks of Finalising Divorce Without Consent Orders

Skipping consent orders may appear convenient, but it can expose you to major risks.

1. Your ex may file for property settlement years later

Even if you separated long ago, your ex may still have a legal claim on property acquired during or even after the relationship if no final orders exist.

2. You may miss the 12-month deadline

Applying out of time is stressful, expensive and never guaranteed.

3. No protection if your ex’s financial situation worsens

Without clear legal separation, you may still be responsible for certain debts.

4. Your new assets may be exposed

  • new property
  • new savings
  • inheritances
  • business growth

These can potentially be part of a settlement without consent orders.

5. Informal agreements aren’t enforceable

If your ex stops honouring an informal agreement, there’s little you can do legally.

What Are the Alternatives to Consent Orders?

You may hear about “binding financial agreements” (BFAs), sometimes called “separation agreements.” These can replace financial consent orders but:

  • they do not cover parenting arrangements
  • they require both parties to get independent legal advice
  • they can be challenged more easily than consent orders

Consent orders are generally the safer and more preferred option.

Steps to Create Consent Orders

The process for creating consent orders usually involves:

1. Reaching an Agreement

Parents or former partners negotiate parenting or financial terms.

2. Drafting the Application

A legal professional prepares the documents in court-accepted language.

3. Submitting the Application to the Court

The documents are filed electronically for review.

4. Court Approval

If the orders are fair, safe and in the best interests of the child (for parenting matters), the court approves them without a hearing.

Once approved, the orders take effect immediately.

Common Mistakes People Make When Divorcing Without Orders

Over the years, I’ve seen many avoidable problems arise when people finalise their divorce before sorting out consent orders. Common mistakes include:

  • Assuming divorce automatically resolves property issues
  • Using informal parenting arrangements without legal protection
  • Missing the 12-month deadline
  • Letting emotions stall financial negotiations
  • Waiting too long to get legal advice
  • Believing consent orders are only needed for “high conflict” separations

Consent orders are not just for couples who disagree — they are essential even when both parties are amicable.

Final Thoughts

You do not need consent orders before finalising your divorce in Victoria — but they play a critical role in protecting your financial future and establishing secure parenting arrangements. Divorce ends the marriage, but consent orders finalise the practical and legal ties between you and your former partner.

If you’re considering divorce or unsure whether you need consent orders first, getting tailored legal advice can prevent mistakes and give you peace of mind. The team at Call A Family Lawyer can guide you through divorce, property settlement, parenting arrangements and consent orders to ensure everything is handled properly, safely and efficiently.