Property Consent Orders in Australia – All You Need to Know
It is possible to avoid the court process and reach agreement with your former spouse to finalise your financial relationship together. It is important that any agreement reached is formalised in the correct manner. A common option to formalise a property settlement agreement is by way of Consent Order.
Some advantages of having property consent orders
It is important in any matter that court proceedings are a last resort and that an attempt is made to amicably resolve matters. Once an agreement is reached, having consent orders property settlement have the following advantages:
- The process is more cost effective and much less stressful than proceeding through the court process;
- The process takes much less time, so both parties may move on with their lives;
- It rules a line in the sand, so both parties can make financial decisions for their future, without concern that the other party may have a claim against such assets;
- It maintains some form of civility in the relationship with your former spouse, which is important should parties have a co-parenting relationship.
Who can apply for property consent orders?
You can apply for property consent orders if you are a former de facto couple, a separated married, or a divorced couple. There are limitation dates, which are different for both de facto and married couples and it is important that you seek advices about your specific situation as to whether you are able to make such application.
What is the process to obtain consent orders?
Parties can prepare their own consent order documentation, however, they should first obtain the advices of a family lawyer. In short, the consent order documents are prepared and after signing, filed in the Federal Circuit and Family Court of Australia for approval. It is important to note that the court will only approve a property settlement agreement, if it results in a reasonable and fair outcome for both parties.
Bottom Line
If you wish to speak with a family lawyer as to whether a consent order may be suited to your circumstances, please contact Advance Family Law for a free 15 minute telephone chat with a family lawyer in Gold Coast.
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