Consent Orders & Binding Financial Agreements
When separating, reaching an agreement about children, property, or finances can bring relief. But to protect your future, it’s important that agreement is formalised. At Wallen Family Law, we help you secure legally binding arrangements through either Consent Orders (approved by the Court) or Binding Financial Agreements (BFAs) (contractual agreements between parties).
We offer fixed fee options for consent orders and financial agreements, with pricing tailored to the complexity of your matter. This means you’ll know upfront what your legal costs will be — no hidden surprises. Whether your agreement is straightforward or involves more complex financial structures, we provide cost clarity from the beginning.
How We Can Help
We provide advice and representation across all areas of Consent Orders and Binding Financial Agreements, including:
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Parenting consent orders formalise arrangements about where children live, the time they spend with each parent, and parental responsibility for decisions like schooling and health.
We draft child-focused orders that are practical and enforceable, ensuring your children’s wellbeing is protected.
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Property consent orders confirm how assets and liabilities will be divided following separation.
These can include the family home, investments, superannuation, businesses, or debts. We draft and file these orders with the Court to ensure your agreement is binding and enforceable.
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BFAs (sometimes referred to as “prenups” or “post-separation agreements”) are private agreements that deal with financial arrangements before, during, or after a relationship. They can cover property division, spousal maintenance, or both.
Unlike consent orders, they don’t require Court approval but must meet strict legal requirements to be valid.
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Consent orders are generally the preferred option where possible, because they are approved by the Court and carry strong enforceability.
BFAs can be useful in certain circumstances — such as protecting assets at the start of a relationship, or where parties prefer a private agreement. We advise you on which option best suits your situation.
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Whether it’s consent orders or a BFA, we ensure the terms reflect your wishes, protect your interests, and comply with legal requirements. We can draft new agreements or review documents prepared by another lawyer to give you certainty before signing.
Common Questions About Consent Orders & BFAs
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No. If both parties agree, consent orders are filed with the Family Court and approved by a Registrar without you needing to attend court.
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Yes, if prepared correctly. Both parties must receive independent legal advice, and the agreement must comply with strict legal requirements.
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Consent orders are generally preferred after separation, as they are approved by the Court and highly enforceable. BFAs are often used at the start of relationships or in specific circumstances.
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Consent orders can be varied if both parties agree, or in limited circumstances by court order. BFAs can sometimes be set aside if not properly prepared, if there was fraud or duress, or in a range of other circumstances.
Next Steps
Whether you need to finalise parenting arrangements, divide property, or protect assets with a financial agreement, we’re here to guide you. We make the process clear, supportive, and cost-effective.