Is a BFA or consent orders cheaper?

Consent orders are usually cheaper. The court filing fee is $215 as at September 2026 and a lawyer is not compulsory, while a BFA requires each party to pay for independent legal advice.

Can consent orders include parenting arrangements?

Yes. One Application for Consent Orders can seek parenting orders and financial or property orders together. A binding financial agreement cannot deal with parenting arrangements.

Can you replace a BFA with consent orders?

A binding financial agreement is terminated only by a new financial agreement or a termination agreement under section 90J or 90UL of the Family Law Act 1975 (Cth). A lawyer can advise on the right sequence if parties want to move from a BFA to court orders.

Binding Financial Agreement vs Consent Orders

Q: Do you need a lawyer for consent orders?

No. Consent orders can be filed without a lawyer, although the Federal Circuit and Family Court of Australia advises getting legal advice before agreeing to the terms.

A binding financial agreement is a private contract that each party signs after independent legal advice, while consent orders are orders made by the Federal Circuit and Family Court of Australia on an Application for Consent Orders, with a filing fee of $215 as at September 2026. Both finalise a property settlement. The key difference is that only consent orders are checked by the court, which makes them only if the terms are just and equitable.

Choose consent orders if you want a court-approved result, a lower upfront cost or parenting orders in the same document. Choose a binding financial agreement if you want the arrangement to stay private, need it before or during the relationship, or want terms a court might not approve. In both cases, compare family lawyers in Australia before signing anything.

Binding financial agreement vs consent orders: comparison table

Feature	Binding financial agreement (BFA)	Consent orders
Legal source	Part VIIIA (married) or Part VIIIAB (de facto), Family Law Act 1975 (Cth)	Section 79 (married) or section 90SM (de facto) property orders, made by consent
What it is	A private written contract	Orders of the Federal Circuit and Family Court of Australia
When it can be made	Before, during or after the relationship	After separation
Court involvement	None, unless it is enforced or challenged	Filed with the court, which decides whether to make the orders
Test the terms must meet	No fairness test at signing; formal requirements in section 90G or 90UJ	Just and equitable (property); best interests of the child (parenting)
Legal advice	Compulsory: independent advice and a signed lawyer's statement for each party	Not compulsory; the court recommends it
Court fee (as at September 2026)	$0	$215 filing fee
Parenting arrangements	Cannot be included	Can be included in the same application
Superannuation split	Yes, by a superannuation agreement included in the BFA	Yes, by a splitting order; the fund trustee must get 28 days' notice before filing
Privacy	Stays between the parties	Part of a court file
Time limit	None for making the agreement	File within 12 months of divorce or 2 years after a de facto relationship ends, or seek leave or consent to proceed out of time
Grounds to set aside	Section 90K or 90UM (fraud, non-disclosure, unconscionable conduct, impracticability and others)	Section 79A or 90SN (miscarriage of justice by fraud, duress or suppression of evidence, impracticability and others)
Stamp duty on transfers	Exempt under section 90L or 90WA	Exempt under section 90 or 90WA

What is the main difference between a BFA and consent orders?

The main difference between a BFA and consent orders is who checks the deal. With consent orders, the court reviews the proposed orders and makes them only if they are just and equitable, or in the children's best interests. With a BFA, no court reviews the terms. Instead, the law protects each party by requiring independent legal advice before signing, under section 90G (married) or section 90UJ (de facto).

That difference flows through to everything else. A BFA can record an unequal split that a court might not approve. Consent orders carry the court's authority from day one.

Which is cheaper, a BFA or consent orders?

Consent orders are usually cheaper than a BFA. The Application for Consent Orders filing fee is $215 as at September 2026, set under the Family Law (Fees) Regulations 2022 and updated each 1 July. Parties can file without a lawyer, although most people with property, a business or superannuation to split pay for drafting or advice.

A BFA has no court fee, but each party must pay their own lawyer. Legal fees vary by firm and complexity. As a general guide, a straightforward BFA often costs a few thousand dollars per party, and more for complex assets. Our guide to binding financial agreements sets out indicative fee ranges.

Which is harder to overturn?

Both are hard to overturn, but on different grounds.

Consent orders can be varied or set aside under section 79A (married) or section 90SN (de facto). The main ground is a miscarriage of justice caused by fraud, duress, suppression of evidence (including failure to disclose), false evidence or any other circumstance. Impracticability, default by a party and exceptional circumstances affecting a child are also grounds.
A BFA can be set aside under section 90K (married) or section 90UM (de facto) for fraud (including non-disclosure), defeating creditors, unconscionable conduct, impracticability, hardship to a child, or because it is void or voidable under contract law. It can also fail if the section 90G legal advice requirements were not met, unless the court declares it binding under section 90G(1A).

In practice, a BFA is more exposed to challenge over how it was signed: timing, pressure and the quality of the legal advice. The High Court set aside agreements on those grounds in Thorne v Kennedy [2017] HCA 49.

When does a binding financial agreement suit better?

Before or during the relationship

A BFA is the only option before a marriage or de facto relationship starts, or while the couple is still together. Consent orders are made after separation.

When privacy matters

A BFA stays between the parties and their lawyers. Consent orders are made on a court file.

When the split is unequal by design

A BFA can protect family wealth, a business or an inheritance on terms a court might not see as just and equitable. The trade-off is a higher risk of later challenge if the process is rushed.

When do consent orders suit better?

When there are children

Consent orders can include parenting orders in the same application. A BFA cannot deal with parenting at all. See our guide to parenting orders in Australia for what those orders cover.

When one party has no lawyer

Consent orders do not require a lawyer, so they suit agreements where one or both parties will not pay for independent advice. A BFA without that advice is not binding unless a court later declares it binding under section 90G(1A).

When both sides want certainty

The court's fairness check protects both the party giving up more and the party relying on the result. Consent orders are enforceable as court orders from the day they are made.

How do you apply for consent orders?

Consent orders are applied for by filing an Application for Consent Orders with the Federal Circuit and Family Court of Australia, usually through the Commonwealth Courts Portal. The Western Australian equivalent is filed with the Family Court of Western Australia.

Agree the terms and exchange financial disclosure.
If super is to be split, serve the proposed orders on the fund trustee at least 28 days before filing.
Complete the Application for Consent Orders and the proposed orders, signed and dated by both parties on each page, plus an unsigned, unlocked Word copy of the orders.
Attach supporting documents: a Notice of Child Abuse, Family Violence or Risk if parenting orders are sought, proof of superannuation value and the trustee correspondence, and a de facto registration certificate if relevant.
Pay the $215 filing fee (as at September 2026), unless an exemption applies.

Consent orders cannot deal with child support, which falls under the Child Support (Assessment) Act 1989 (Cth).

Can you use both a BFA and consent orders?

Yes, for different matters. Some couples record their property split in a BFA and file consent orders only for parenting arrangements. What they cannot do is ask the court for property orders over matters a valid BFA already covers: under section 71A (married) and section 90SA (de facto), the court's property powers do not apply to those matters. Our guide to property settlement after separation explains the time limits and how the court divides property when agreement fails.

Choosing a family lawyer for a BFA or consent orders

Ask each firm whether it offers a fixed fee for consent orders, a fixed fee for BFA drafting or advice, and who will sign the certificate of independent legal advice. Compare options on the ranked list of family lawyers in Australia or by city: family lawyers in Sydney, family lawyers in Melbourne, family lawyers in Brisbane and family lawyers in Perth.