Are you separated and need to finalise your property settlement? You might consider using consent orders when you and your ex-partner agree to split your property.
These legally binding agreements enable you to cut financial ties with the other party, allowing you both to progress independently after separation.
Key takeaways
- The Court’s four-step process governs property consent orders.
- Parenting consent orders prioritise the best interests of the child.
- DIY consent orders are easier following the Federal Circuit and Family Court merger.
- The application process may involve various documents.
- Our consent order package with fixed fees delivers excellent value for our clients.
Documenting your agreement
You can end your financial relationship through a consent order approved by a court or a binding financial agreement. Either option has the same effect as a court order made by a judicial officer after a court hearing, but the upside is you will not need to go to court. Once the consent order is signed, you agree with the orders and will follow the terms stated in the document.
Consent orders about the property can include the transfer or sale of property and superannuation, as well as outline details of your separation and divorce. Consent orders can benefit former couples by removing the need to pay stamp duty on transactions.
For those using a private written agreement, you and your ex-partner must obtain legal advice before signing for the contract to be legally enforceable.
Like a DIY consent order, a consent order is a legally binding agreement setting the terms for parenting arrangements or property settlements. They must meet certain requirements before the Court grants them.
Property consent order
Property orders cover the entire marital asset pool, including any liabilities. The Family Law Act 1975 sets out a four-step process the Court must use to assess these orders.
Step 1:
The Court must value the asset pool. This requires both parties to disclose their financial position fully. Failure to do so may result in an adjustment to the settlement against the non-disclosing party. In certain instances, the non-disclosing party may face a fine or even imprisonment for contempt of court.
Step 2:
The Court will determine each party’s contribution to the marriage. Financial and non-financial contributions are considered. Childrearing, housekeeping, renovations to the home etc., are all relevant.
Step 3:
The Court will make adjustments based on the parties’ future needs. Many factors can affect this, including:
- Access to financial resources;
- Health and age;
- Employment prospects;
- Child care obligations;
- Earning capacity.
Step 4:
The Court will decide if the proposed settlement is “fair and equitable” for both parties. If this requirement isn’t met, further adjustments may be made, or the application may be rejected.
Parenting consent orders
When considering parenting consent orders, the Court is concerned only with the child’s best interests. According to the Family Law Act, the two primary considerations are:
- The benefit of the child having a meaningful relationship with both parents;
- The need to protect the child from experiencing or being exposed to family violence or abuse.
Other considerations may include:
- The child’s views if they’re mature enough;
- The extent to which each parent has fulfilled their parental responsibilities;
- The practical difficulty of the child having a relationship with both parents;
- Any family violence involving the child or other family members.
DIY consent orders
People may opt for an informal agreement for parenting or property matters to avoid the complications of the legal system. However, property and parenting orders are easier for parties to access than ever.
Since the Federal Circuit Court and Family Court were merged, court processes were streamlined. One of the critical motivations for doing this was to make it easier to access the justice system. Previously, litigants often had difficulty understanding which court to apply to for orders.
Now there is one point of entry for all applications. There are also specially designed DIY kits, including DIY consent orders for people wanting to file applications for parenting or property matters alone.
Applying to the Family Court
The primary documents you must complete to file for consent orders are:
- The consent order application form;
- The proposed orders.
The proposed orders set out the terms the parties are formalising. The Federal Circuit and Family Court of Australia provides a proposed order template as part of its consent order application form.
Depending on the order, you may need to include other documents in your submission, such as:
- A Notice of Child Abuse, Family Violence or Risk of Family Violence as part of a parenting order application;
- If splitting superannuation, a letter from the super fund agreeing to comply with a superannuation split;
- Both parties must sign the application and proposed orders and pay a filing fee. If in a de facto relationship, you may need to include a certificate of registration acknowledging the relationship.
Before it will approve consent orders, the Court may ask you to address any concerns by issuing a notice.
Our fixed fee consent orders package
Shanahan Family Law understands break-ups are difficult. Our family lawyers have designed a fixed fee property consent order package to help parties with an agreement save on costs and move on with their financial journey stress-free.
You can finalise your property settlement with this package without unnecessary legal fees. With this option, you can save thousands of dollars. With the support of our expert family law team, you can achieve family court approval for your agreement.
Our fixed fee Property Consent Order package includes the following:
- The Property Application kit for you and your ex-partner to document all the relevant information required
- A consultation with our expert team to discuss your family law matter so you have the peace of mind that any agreement you’ve finalised is an agreement that you are happy with
- A Review and preparation of your draft application to ensure that it meets the requirements of the Courts
- Partner witness and signing services
- The Court filing of your final application
- A Copy of certified Court Orders gets emailed directly to you.
If you need help with family law matters, contact us for a free discovery call.
