Following separation, it is important to formalise your agreement in relation to property division. In most cases we recommend an Application for Family Court consent orders (also known as a Divorce Agreement or Separation Agreement). The process is generally quick and straightforward.
The advantages are:
- the agreement will be clearly documented and binding on both parties;
- if real estate is to be transferred between you and your partner, only nominal ($20) transfer duty* is payable;
- married or divorced couples may split and pay superannuation entitlements to each other.
Without Court approval:
- transfer duty* is payable at ordinary rates based on the value of the real estate transferred; and
- either party can renege on the deal. The Court can overrule a private arrangement on the application of either party.
*Transfer duty is a State Government tax on property transfers payable by a person acquiring land.
How we can help
Family Court Consent Orders are generally the best way to formalise your financial and/or parenting agreement.
Application for consent orders
We will prepare your application, arrange for you and your partner to sign it, and file it at the Family Court.
Our fixed fee includes:
- both property (financial) and parenting agreements, as you require;
- collecting information and preparing a draft application;
- preparing an affidavit if you were in a de facto relationship;
- making any minor changes you or your partner require;
- arranging for you and your partner to sign the application and Court filing; and
- giving you a copy of the orders published by the Court.
Our fixed fee excludes:
- Court application fee ($170) and title ($26.70 per title) or company searches ($22.15 per company);
- superannuation splitting – $440 if straightforward;
- giving you advice about the application or your legal position;
- making enquiries to check that information you or other parties give us is correct;
- agreements involving very large asset pools, complex transactions or complex financial affairs;
- negotiations or making substantial changes to the application;
- answering Court requisitions;
- obtaining the marriage certificate or a translation of it.
We can give you a quote for any of these additional services.
Get started with an advice consultation ($385). We will credit the consultation fee toward the cost of consent orders.
WHAT IS THE PROCESS?
The consultation costs $385 and lasts for 60 minutes. We will credit the consultation fee towards the cost of our fixed priced services.
We will email you a checklist of information you will need.
Gather the information and bring it with you to your consultation.
We will take your instructions and formulate a course of action.
Following your consultation we will confirm our quote in writing.
Upon acceptance of our quote we will prepare a set of draft documents and send them to you for your approval.
Once acceptable to you we (or you) will give the draft documents to your partner and make any further minor changes required.
Finally, we will arrange for you and your partner to execute the documents.
We will file the documents at the Court and let you know the outcome of your application.
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Our services are tailor-made to help you resolve matters with your former partner.
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