Property consent orders

Ultimately, dividing property is all about equity and fairness.
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Separated or Divorced?

  • Have you separated and need to finalise your property relationship? 
  • Have you and your ex-partner already reached an agreement on splitting your property?
  • Do you need to document the agreement so that you both can move forward with your life separately?
Property Consent Orders are an agreement between ex-partners that is approved by the Family court and then made into a court order. Consent orders set-up for property disputes have the same legal standing as any other court order put forward.
For a property order to be recognized by the family court, the agreement must show fairness before the court will make it a consent order. Fairness is decided by the guidelines set-out in the Family Law Act.
Family Court generally works towards ensuring that there isn’t a need to come back and dispute when making consent orders in property. Owing to this reason it is worth getting a good family lawyer to work with upfront. To cancel or dispute a property consent order, you must prove:
  • there was fraud (dishonesty)
  • the orders are impractical to carry out (not just inconvenient)
  • there are exceptional circumstances relating to the children’s care, welfare and development.
Property Consent orders or legally binding agreements are very difficult to change after they have been made. Get legal advice from a specialist family lawyer before signing property consent orders or entering into any property agreement.
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