Following the stressful period of a divorce or separation, the last thing anyone wants to think about is the ordeal that will follow to determine property settlements and parenting orders. Unfortunately, it is a necessary annoyance you must face. Contrary to popular belief, not every matter has to be a stressful and emotional Courtroom battle. In fact, the issues can be resolved quickly and legalised with the help of family consent orders for property settlements
in the Court.
This article aims to discuss what family consent orders for property settlements are and answer the most commonly asked questions regarding them.
What Are Family Consent Orders For Property Settlement?
Family consent orders for property settlement are written agreements approved by the Court. Family consent orders specifically about property concern property and assets, spousal maintenance and splitting superannuation.
You may apply for consent orders without needing to proceed to Court. This can be done through a solicitor preparing the application and drafting the orders for you. Alternatively, you may prepare these yourself. If you sign drafted consent orders, this means you will agree to abide by the terms stated in the orders. If the Court approves these orders, they will be legally binding upon you and your former partner.
What Do Family Consent Orders For Property Settlement Include?
Family Consent orders for property settlement encompass the mutual home of the former couple seeking the orders. However, there are some other financial matters which may be included that are closely related. Such issues include the following:
- Who gets to keep the home
- Who gets to keep other mutual assets such as furniture, cars, jewellery and so forth
- Details regarding payouts
- Details regarding how liabilities and debts will be managed
- Details of any payouts from one party to the other. For example, when one party purchases the other parties interest of a mutual asset or home
- Details regarding how superannuation will be divided
Requirements For Family consent Orders in Property Settlement
For De facto couples seeking to file consent orders, specific criteria provided in the Family Law Act must first be satisfied. Before making family consent orders for property settlement, the Court must first be satisfied that the terms are correctly drafted and fair for both parties.
When the Court agrees to the terms set out in the application, each party will receive a document known as a sealed consent order to show that it is approved. However, if the Court has any questions or concerns concerning the evidence in the consent orders application, the appropriate party will be contacted to supply further information. The Court will also inform both parties if the orders are denied.
When Can You Apply For Family Consent Orders For Property Settlement?
The parties involved must be separated before an application can be made to the Court. For property issues specifically, parties who were married have a maximum of 12 months following their divorce order to apply for family consent orders for property settlement. However, this limit may be extended in some circumstances upon application to the Court. Regarding de facto relationships, the application must be made within two years from the date of separation.
Can You Set Aside Family Consent Orders For Property Settlement?
Once the Court approves these orders, they are final and legally binding. Accordingly, it is challenging to set aside family consent orders for property settlement. Typically, the only exceptions to this rule are the following situations:
- One party being able to prove the existence of fraud or dishonesty was in play, which led to the agreement
- A change in circumstances has made it so that it is not practical to carry out the orders – a mere inconvenience is not enough to satisfy this exception.
- Exception circumstances have arisen about the care, welfare and development of the children of the relationship, which the orders do not consider.
Importance of Seeking Legal Advice
When discussing matters such as family consent orders for property settlement, it is essential to note that while you can do some of the processes yourself, it is always better to contact a solicitor who has experience in both family and property law to properly assist you with your matter.
Here at JB Solicitors, we’ll make the process as pain-free as possible. We have fixed-fee pricing for family law, giving you a clear sense of the costs from the start, and we will be sure to help you out every step of the way. With years of experience under our belt, we pride ourselves on making each client’s family law experience as positive as possible.
Contact JB Solicitors today to speak with one of our friendly and experienced family lawyers.
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