Can Consent Orders Be Overturned?
In short, yes — consent orders can be overturned in some circumstances.
If you and your former spouse or partner have obtained consent orders from the Federal Circuit and Family Court of Australia (FCFCOA) about property settlement, spousal maintenance, or parenting arrangements, and your circumstances have changed — or you believe there has been a miscarriage of justice — there may be grounds to overturn, vary, or set aside those orders.
What are Consent Orders?
As the name implies, consent orders are Court orders made with the agreement (or consent) of both you and your former spouse or partner. These orders may relate to property settlement, spousal maintenance, and/or arrangements for the care of children following divorce or separation.
The purpose of consent orders is to formalise your agreement so that it becomes legally binding and enforceable. Once approved by the Court, the orders carry the same legal weight as any judgment made after a contested hearing.
Property orders made by consent prevent either party from making further claims for financial settlement. If either party breaches the orders, there can be serious legal consequences, including enforcement action.
How Can Consent Orders Be Overturned?
The Family Law Act 1975 (Cth) provides several specific grounds upon which a party can apply to have consent orders relating to property or maintenance set aside or varied.
A person affected by the order may apply to the Court, which may set aside or vary the order if it is satisfied that:
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There has been a miscarriage of justice due to:
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Fraud
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Duress
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Suppression of evidence (including failure to disclose relevant information)
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The giving of false evidence
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Any other circumstance
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- It has become impracticable for the order to be carried out due to changed circumstances.
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A party has defaulted on an obligation under the order, making it just and equitable to vary or set aside the order.
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Since the orders were made, exceptional circumstances involving a child have arisen and enforcing the order would cause hardship.
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A proceeds of crime order has been made against one of the parties or in relation to property subject to the order.
- As of 10 June 2025, the legal duty to provide full, frank, and timely financial disclosure is embedded in the Family Law Act, strengthening the basis on which suppressed or undisclosed information may support an application to overturn consent orders.
In addition, the Court may set aside or vary consent orders relating to property where both parties agree and file a further joint application.
These grounds apply to property and spousal maintenance matters only. Different principles apply if a party is seeking to vary or set aside parenting orders.
Where family violence, including financial abuse, played a role in the original agreement, this may also form part of the factual basis for seeking to overturn the consent orders. As of 10 June 2025, the Court must consider the impact of family violence in financial proceedings.
Contact Us
For more information about overturning, varying, or setting aside consent orders, contact us at Bambrick Legal today. We offer a free, no-obligation 30-min consultation for all enquiries.
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Read more about our family law services here.
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