Services

Consent orders

Our services are tailor-made to help you resolve matters with your former partner.

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.

Estate Planning

Application for consent orders $2,400

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 ($165) and title ($25.70 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.

Book now

WHAT IS THE PROCESS?

 

Telephone us on (08) 9220 4470 or book online to arrange your consultation.

The consultation costs $198 and lasts for up to 30 minutes (or $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.

RESOLUTION IS
WHAT WE’RE ABOUT

Our services are tailor-made to help you resolve matters with your former partner.

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WHY CHOOSE US

Our experienced lawyers provide great service at competitive prices.

Benefit from our experience
Excellent value for money
We focus on resolution

NEED TO TALK?

Our bright and highly trained team members will anticipate your needs and exceed your expectations.

PHONE

Free telephone advice - 7 days a week
Call (08) 9220 4470

ONLINE ENQUIRY

We will respond to your online enquiry within one business day
Online enquiry

MAKE AN APPOINTMENT

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MEET THE TEAM

Supervising Partner
Michael Hodgkins
Supervising Partner

(08) 9220 4455
mh@birmanride.com.au

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Senior Associate
Lucy Dickens
Senior Associate

(08) 9220 4401
ld@birmanride.com.au

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Lawyer
Krysten Russo-Battagliolo
Lawyer

(08) 9220 4409
kr@birmanride.com.au

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Legal executive
Tara Ott
Legal executive

(08) 9220 4416
tao@birmanride.com.au

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See the full Birman & Ride team