If you’ve reached a property agreement with your ex, a Consent Order (Divorce) makes it legally binding.
If your ex has been difficult, you might feel hesitant about hiring a lawyer or taking the next step. We hear this often from proactive, reasonable clients who simply want to move on with their lives.
Ready to formalise your agreement or unsure why it matters? Here are 3 things to know before applying for a Consent Order (Divorce).
1. A Documented Agreement — Even if It Took Work to Get There (Consent Order Divorce)
You don’t need to have everything written in legal language just yet — but you do need clarity. The Court and your lawyer must see both parties have agreed on key terms for the Consent Order.
- How your assets, liabilities and superannuation will be divided
- Any ongoing financial arrangements
- Who will retain or sell any properties or businesses
Even if the process has been draining, formalising what you’ve already achieved can not only be incredibly empowering but it can also ensure the agreement reached is legally binding and can prevent either of you from challenging the other’s financial assets in the future. There can also be some tax and duty benefits on transfers between exes that may not apply without a Consent Order.
Our role as family lawyers is to take your agreement and we’ll help you translate your agreement into a format the Court can approve.
2. Accurate Financial Disclosure (It’s Non-Negotiable)
Some parties may be intimately aware of each other’s financial affairs and financial disclosure is simple. Other parties may be the polar opposite to this and this step can feel a little intimidating for those, especially if your ex has been less than forthcoming.
But the Court requires full and frank disclosure from both parties.
You and your ex may need to provide to each other (and the lawyers):
- Current bank and super statements
- Valuations for property, business interests, or significant assets
- Liabilities including mortgages, loans, or tax debts
- Payslips, tax returns or business financials
At Martens Legal, we help you work through this step strategically — especially if you’re dealing with someone who’s slow to respond or avoids disclosure.
3. Professional Support to Finalise the Application
This is where people often get stuck. The Court forms and Consent Orders need to be prepared carefully, especially when there’s a history of difficult communication or concerns about fairness.
You’ll need:
- Application for Consent Orders (Form 11)
- Minute of Consent Orders, which sets out your agreement in legal terms
We know the process can feel overwhelming, especially if this is your first time engaging a lawyer. That’s why we offer competitive fee options and a transparent process — so you know exactly what to expect from start to finish.
Our role is to protect your interests and get your Consent Order approved efficiently, without any hidden costs or surprises.
You’ve done the hard part. Let us handle the legal process.
> Whether you’ve just come through mediation or have finally reached an agreement after months of negotiation, or you need our help with negotiations, we’re here to help you secure a fair and lasting outcome.
📩 Reach out to us via our online booking, phone – 07 3175 1441 or email – info@martenslegal.com.au, and download our Separation Checklist to start preparing today.
