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Are there any additional charges?

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Our advertised fees are for straightforward applications. They do not include the Family Court of Western Australia filing fee or government charges such as certificate of title searches which we charge at cost. If your application is complex or if you require additional legal advice or assistance we will give you a quote for our […]

What will the Court consider?

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The Court’s power to make consent orders is discretionary. You must satisfy the Court that the agreement you and your former partner propose is fair and equitable. If you are seeking parenting orders, you must satisfy the Court that adequate arrangements are in place for the care and support of the children. If you were […]

When can I apply?

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You can apply for consent orders once you and your partner have separated. You do not need to be divorced to apply. Learn more about separation – visit Family law myths, busted. As a general rule, you must apply for consent orders within: one year of the your divorce; or two years from the date […]

Does my partner need legal advice?

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Your partner is entitled to obtain independent legal advice, however this is not required. Nevertheless, your partner must be willing to sign the application and they may need to give written confirmation to the Court that they understand their entitlement to legal advice and have chosen not to seek it.

What does the application involve?

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The Court provides an application form which requires background information about the parties and their financial circumstances. Annexed to the application is a document, known as a minute of consent orders, setting out the terms of your agreement.  Once signed by both parties, the application is lodged at the Court.  If it is satisfied the […]

What is verification of identity?

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Landgate imposes strict proof of identity requirements for any person disposing of real estate to prevent fraud and protect landowners. We will assist you to comply with the rules when you sign the transfer papers.

Who pays transfer duty?

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Transfer duty is a State Government tax on property transfers payable by a person acquiring land.  Property transfers between spouses or partners under consent orders or a binding financial agreement generally attract nominal duty ($20).

What will the agreement say?

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This depends on when you enter into the BFA. BFA’s signed before or during a relationship typically specify how asset and liabilities will be divided in the event of separation. BFA’s signed after separation tend to be quite specific and set out a series of agreed transactions that lead to financial separation. It is prudent […]

When can I make a BFA?

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You can enter into a BFA at any time – before or during a relationship or after separation, whether you are married or in a de facto relationship. The agreement itself only takes effect if you and your partner separate – you may well never use it!