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The importance of disclosure in an Application for Consent Orders

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The duty of disclosure is your duty to provide the other parties with all information and documents which are relevant to the issues in the case. Both you and your partner must make full disclosure of your financial circumstances to each other before signing the application for consent orders.

The importance of properly drafted consent orders

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Consent orders are court orders made by agreement between parties and are legally binding. In every case, the agreement between the parties is unique to the parties’ circumstances – consent orders are not a one-size fits all. The template orders published by the Family Court on its website are not necessarily suitable for your agreement […]

Finance approval an important first step in consent orders

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Consent orders often contemplate a transfer of real estate from one party to the other, perhaps accompanied by a refinancing of loans and payment of money. These transactions are not “subject to finance”. In other words, the party borrowing the money must ensure they have made arrangements for finance (whether by seeking finance approval from […]

Do I have to attend the Family Court to obtain consent orders?

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Once both parties have agreed on the orders they seek and signed the application for consent orders, the application is filed at the Family Court. After filing, the Court will set a hearing date. You do not need to attend the Court for this hearing. Your application will be reviewed and determined by a judicial […]

Superannuation splitting in consent orders

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Superannuation entitlements are an increasingly large portion of the property pools of separating spouses, due to the federal government’s compulsory superannuation scheme and the tax breaks associated with superannuation contributions. Under the Family Law Act 1975 (Cth), superannuation is treated as property and can be split (divided) as part of an agreement with your husband […]

Why choose consent orders over a Financial Agreement?

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If you have reached an amicable agreement as to the property/financial settlement, parenting arrangements and/or spousal maintenance, an application for consent orders is generally the most efficient and cost-effective means of formalising your agreement. Consent orders differ to a Binding Financial Agreement (BFA) in that the Family Court has an overriding duty in determining the […]

Why choose a Financial Agreement over consent orders

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A Binding Financial Agreement (BFA) is a legally binding agreement between a married or de facto couple which sets out an agreement regarding their financial relationship. Like consent orders, a BFA can formalise an agreement in relation to property/financial separation or spousal maintenance. Advantages of a BFA: Entering into a BFA allows parties to make […]

Consent orders – the advantages explained

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You might be happy with the informal agreement you have reached with your former spouse. You may even have moved on and divided your assets accordingly. However, what you may not realise is that, without proper formalities, your former spouse can come back months or even years later demanding more from you. It is important […]