Consent Orders vs Property Settlement Agreement: How Do They Fit Together?

These two terms overlap more than they compete - one is the outcome, the other is often how you formalise it. Here's the plain-English version.

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Unlike some of our other comparisons, this one isn't really "which do I choose" - it's "how do these two things relate to each other". Once you see how they fit together, the right next step is usually obvious.

What is a property settlement?

"Property settlement" is the general term for dividing up the property, debts and superannuation you and your ex-partner own together or separately, once you've separated. It describes the outcome you're working towards, not a specific document. People sometimes use the phrase to mean an informal private agreement, and sometimes to mean the fully formalised, court-enforced version - which is where consent orders come in.

What are consent orders?

Consent orders are a written agreement submitted to the court and approved, becoming a legally enforceable court order. When people talk about "formalising" a property settlement so it actually holds up over time, consent orders are usually how that happens. They can also cover parenting arrangements in the same set of orders, if you need that too.

How the two overlap

	Property settlement	Consent orders
What it is	The general term for dividing assets, debts and super	One formal way of making that division enforceable
Goes through the court?	Only if formalised as consent orders (or occasionally a BFA)	Yes - approved by the court
Can cover parenting too?	No - property and finances only	Yes, if you want it in the same orders
Enforceable if unformalised?	No - a private agreement alone carries real risk	Yes, once approved

Which service do I need?

If you're focused on the practical side of dividing assets, debts and superannuation - including working out how superannuation splitting fits in - our property settlement service is built around that. If you specifically want the agreement made into a formal, court-enforced order (with or without parenting arrangements alongside it), our consent orders service is the more direct route. In practice the two products overlap heavily - a property settlement very often gets formalised as consent orders - so if you're not sure which page to start on, get in touch and we'll point you to the right one rather than have you pick blind.

Questions people ask about property settlement and consent orders

Isn't a property settlement the same thing as consent orders?

They're closely related, but not quite the same thing. 'Property settlement' is the general term for dividing up assets, debts and superannuation after separation - the outcome. Consent orders are one way of formalising that outcome, by having a court approve and enforce it. Many property settlements do end up being formalised as consent orders.

Can I have a property settlement without consent orders?

Yes, in the sense that you and your ex-partner can privately agree on a split without ever going to court. But an informal agreement isn't enforceable if one of you later doesn't follow through, and it doesn't protect you from a future claim in the way a formal settlement does. Most people formalise their property settlement through consent orders, or occasionally a binding financial agreement, specifically to avoid that risk.

Which service do I actually need - property settlement or consent orders?

If you already know you want a court-enforced outcome, either product gets you there - our property settlement service and our consent orders service both prepare and lawyer-review the same underlying agreement, just with slightly different emphasis. Tell us what you and your ex-partner have agreed and we'll point you to the right one rather than have you guess.