Mutual Agreement? Here’s Why You Still Need a Lawyer for Consent Orders

Ending a relationship doesn’t always have to mean courtroom battles and high-conflict disputes. In fact, many couples are choosing to separate amicably, working together to make fair arrangements for their property, finances, and children. It’s a positive, respectful approach. But even when both parties are in full agreement, it’s still crucial to formalise those agreements properly.

If you and your ex-partner have agreed on the terms of your separation, that’s a great starting point. But to protect both parties and ensure long-term certainty, it’s wise to have those terms documented in legally binding Consent Orders and prepared by a qualified family lawyer. Here’s why:

1. A Verbal Agreement Isn’t Legally Binding

Even the most well-intentioned verbal or informal agreement isn’t enforceable in court. If circumstances change, or one party later disputes the terms, there’s little legal protection. Consent Orders, once approved by the Family Court, are legally binding. They provide certainty and can be enforced if either party fails to comply.
Without Consent Orders, you’re relying solely on goodwill. With them, you have legal clarity and security.

2. Avoid Future Disputes (Even If You’re on Good Terms Now)

People often separate on good terms, only for things to change down the track—especially when new partners, financial pressures, or parenting differences arise. Consent Orders provide a clear, agreed-upon framework that helps avoid future conflict. A lawyer ensures the agreement is not only fair but also future-proofed to reduce the risk of misunderstandings or disputes later.

3. Save Time, Stress and Money Later

You might think hiring a lawyer now is an unnecessary expense, but it’s usually far cheaper than trying to fix things later if something goes wrong. Sorting out legal issues after a verbal agreement breaks down can be time-consuming and emotionally exhausting, not to mention significantly more expensive.
Investing in proper legal documents early on gives both parties peace of mind and helps keep your amicable separation truly stress-free.

4. The Court Still Needs to Approve Consent Orders

Even if you and your ex fully agree on everything, the Family Court must still approve your Consent Orders. The court will assess whether the agreement is just and equitable (in property matters) or in the best interests of the children (in parenting matters). A lawyer can help ensure your proposed orders meet the necessary legal standards and are likely to be accepted by the court the first time, saving you time and delays.

5. Professional Guidance Minimises Risk

Lawyers understand how the law works in practice, not just in theory. They can spot issues you might not think of—like tax implications, superannuation splitting, spousal maintenance risks, or property ownership complexities. They also know how to word orders clearly and correctly, reducing the chance of misinterpretation or rejection by the Court.

Even if your agreement is straightforward, having a lawyer draft or review your Consent Orders ensures you don’t miss anything important.

Final Thoughts: Keep It Amicable—and Legal

A collaborative separation is a healthy, respectful way to move on but even the best of breakups need the right legal framework. Getting Consent Orders professionally drafted ensures your agreement is clear, enforceable, and fair, allowing you both to move forward without loose ends.

We offer fixed fee property settlements for parties who have reached an agreement and want to keep things simple. Simply fill in our online form to get things started.