When you are navigating separation, one of the biggest questions is how long it will take to formalise your agreement. You may already have a general idea of who keeps what or how parenting arrangements will look, but you want security and clarity.
You want something legally binding. And you want to know there is an end point in sight. That’s when preparing a draft Consent Order becomes a key step, it turns your verbal agreement into something structured, clear, and ready for the Court to formalise.
For most people, that end point is a draft Consent Order. In fact, Consent Orders are the most common way to formalise property settlements and parenting arrangements in Australia without going to court.
No in person court hearings. No unnecessary conflict. Just a clear, enforceable agreement that gives you certainty. But how long does this process actually take from start to finish?
Below is a breakdown of each stage, realistic timeframes, and the factors that influence the pace of your matter. At the same time, our goal is to give you clarity right from the start, something our clients value deeply.
What Exactly is a draft Consent Order?
A draft Consent Order is a written agreement that set out how your property or parenting arrangements will operate following separation. The Federal Circuit and Family Court of Australia approve them, and they carry the same legal weight as orders made after a court hearing.
You do not need to attend court at any stage. Instead, everything is handled on paper and lodged electronically. Consent Orders are the preferred pathway at Martens Legal because they are structured, enforceable, and provide long term certainty without creating unnecessary conflict.
Stage One: Getting Legal Advice And Gathering Information
Time estimate: This is often the hardest stage to predict. For straightforward matters, it could be a few weeks. But for more complex matters, it could be a few months.
Before Consent Orders can be drafted, both parties need to exchange full and frank financial disclosure. This ensures fairness and clarity from the outset.
This stage usually involves:
- an initial consultation with your lawyer
- identifying what documents are needed
- clarifying your goals and the outcome you are seeking
- understanding your legal entitlements
- beginning early communication with the other party
The timing depends mostly on how quickly both parties provide their documents. If you are both organised and proactive, this step moves smoothly.
Stage Two: Negotiation And Reaching Agreement
Time estimate: Two to eight weeks per round of negotiation. Around 3 months if mediation is required. This is where the substance of the agreement is shaped.
Negotiation can happen through:
- lawyer assisted negotiation
- direct discussions between both parties
- mediation
At Martens Legal, we focus on supportive communication that helps clients avoid unnecessary conflict and overwhelm. Our approach keeps matters moving forward, especially when emotions are high.
The length of this stage depends on:
- how aligned your expectations are
- whether valuations are needed for property or other assets
- whether both parties are emotionally ready to finalise the matter
- parenting considerations
- the complexity of the finances
Most amicable matters resolve within a few weeks or months. More complex matters may take longer, particularly where financial information is disputed or where parenting issues require additional time and structure.
Stage Three: Draft Consent Order
Time estimate: Two to four weeks. Once you have reached agreement, the next step is drafting the formal documents. At this point, this includes:
- preparing the Application for Consent Orders
- preparing the Minute of Consent Orders
- reviewing the draft and suggesting any amendments
- communicating with the other party’s lawyer
- ensuring the document reflects both the agreement and the law
This step usually takes two to four weeks depending on the number of revisions required and the responsiveness of both sides. Ultimately, good drafting is essential.
It is what protects both parties from misunderstandings in the future and ensures the court can approve the agreement without delay.
Stage Four: Signing And Lodging
Time estimate: One week. After both parties approve the draft, it is time to sign. Your lawyer will:
- arrange execution of the documents
- prepare the court filing
- lodge everything electronically
This is a straightforward stage and typically takes about a week.
Stage Five: Court Processing And Approval
Time estimate: Two to six weeks. Although Consent Orders do not require any court appearance, they must still be reviewed by a Registrar. The Registrar must be satisfied that the agreement is just and equitable in property matters or in the best interests of the children in parenting matters.
Processing times vary depending on the court workload. However, most Consent Orders are approved within two to six weeks. Once approved, they become legally binding and enforceable.
Total Timeframe To Finalise a Draft Consent Order
For most straightforward matters, the complete timeline sits between 3 to 6 months. More complex matters may take longer, especially when:
- someone has delayed financial disclosure
- you need valuations
- negotiations stall
- there is conflict between the parties
What makes the biggest difference is clarity, structure, and support. In fact, our clients consistently tell us that having a clear roadmap and a lawyer who communicates honestly makes the process feel faster and far less stressful.
What Helps Speed Up The Process?
- prompt financial disclosure
- realistic expectations from the outset
- calm communication
- attending mediation if needed
- choosing negotiation over conflict
- having a lawyer who focuses on strategy rather than escalation
The Martens Legal approach builds much of this in, because we centre everything on care, transparency, and proactive planning.
What Slows Things Down?
- delays in gathering documents
- one party not being emotionally ready
- misinformation from family, friends, or online forums
- disputes about valuations
- complicated financial structures
- major disagreements about parenting and/or property arrangements
These issues are common and normal. However, they do not mean you will end up in court. They simply require the right strategy and support.
Frequently Asked Questions
Do I need to go to court for a draft Consent Order?
No. You handle everything in writing. As a result, you do not appear in court at any stage.
Is a draft Consent Order legally binding?
Yes. Once approved by the court, they are enforceable in the same way as orders made after a hearing.
Can you change Consent Orders later?
You can change them, but only in limited circumstances. It is important to get them right the first time.
Do we need to be amicable to finalise Consent Orders?
Not at all. You only need to be willing to engage in the process. In fact, strained communication doesn’t stop you from finalising Consent Orders.
What if the other party refuses to engage?
Your lawyer can still prepare a proposal, make disclosure requests, and recommend the next strategic steps.
Next Step
If you are in the early stages of separation and want a simple, clear starting point, download our free Separation Checklist. It outlines the first practical steps, helps you stay organised, and gives you confidence as you move forward.
Contact us now to take your next step with clarity and support.
