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Quick answer

Do I need consent orders before I can refinance answered.

A straight answer from Australian mortgage brokers who specialise in separation finance.

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Last reviewed: May 2026

Not always. Some lenders will approve a refinance based on a signed Binding Financial Agreement (BFA) without waiting for Consent Orders to be filed with the court. Others require Consent Orders. Lendology knows which lenders accept BFAs, which can save you months. If your settlement is still being negotiated, we can often get pre-approval to confirm what is achievable before you finalise the legal terms.

Related reading
What is a BFA? Property settlements in SA How long does refinancing take? Refinancing to sole name Documents needed to refinance Full comparison: consent orders vs BFA

Can I refinance with just a separation agreement?

Some lenders will accept a signed Binding Financial Agreement, but not all.

The lender needs to be satisfied that the property settlement terms are formal and enforceable. A specialist broker can identify which lenders accept BFAs and which require Consent Orders for your specific type of application.

How long does it take to get consent orders approved?

Typically 4 to 12 weeks after filing with the Family Court.

The court reviews the proposed orders to ensure they are just and equitable. If the court raises queries, it can take longer. Having your finance application ready to submit as soon as orders are made reduces the overall timeline.

Jason Given
Jason Given
Director & Mortgage Broker at Lendology. MFPA designated, MFAA member. Specialises in separation finance across Australia.
Jason Given Steve Chin
Jason Given and Steve Chin
Licensed mortgage brokers · MFPA designated · MFAA members · Australia-wide

We are not just explaining the process. We arrange the actual finance: refinancing into your sole name, funding a partner buyout, or setting up a new loan independently after settlement. We work with a panel of over 60 lenders to find the one that fits your situation.

The part we handle

Once the legal side of your property settlement is resolved, the next step is usually a financial one. That is where we come in.

Refinance to sole name
Moving the joint mortgage into one name so you can keep the home.
Partner buyout
Funding the equity payout to your former partner as part of the settlement.
New loan in one name
Purchasing your next property independently after settlement.

Jason and Steve also help clients with first home loans, refinancing, and investment lending at lendology.com.au.

Related guides

Consent Orders vs Binding Financial Agreements Stamp Duty Exemptions for Separation by State Can I Refinance a Home Loan Into My Name Only After Divorce?

True wellbeing begins at home.

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Can I refinance a home loan into my name only after divorce? What is a Binding Financial Agreement (BFA)? How long does it take to refinance after separation? Documents needed for separation refinancing