Family Court consent orders for property settlement is a matter that may arise following a divorce or separation.
It’s already been an emotionally taxing ordeal with the dissolution of your relationship, and now there’s the stress of determining property settlements and possible parenting arrangements.
Unfortunately, these matters are a necessary evil you must face and face with care and patience to ensure your financial future, or even your children’s future, is bright.
Fortunately for you, not every property settlement and parenting arrangement needs to be a stressful Courtroom battle. This is where Family Court consent orders for property settlement come in. The purpose of this article is to discuss the most frequently asked questions regarding these orders and how they can help you.
What Are Family Court Consent Orders For Property Settlement?
Family Court consent orders for property settlement are written agreements approved by the Court, containing details on matters such as:
- The division of property and assets;
- Superannuation splits; and
- Spousal maintenance agreements.
Consent orders for property settlement may be applied for without the need for the Court. This may be achieved by employing a solicitor to draft and submit an application and your orders. It is also possible to prepare these yourself.
If you have signed any consent orders – this means you will be legally obliged to adhere to the terms stated in those orders if the Court approves them.
Are There Requirements For Family Court Consent Orders For Property Settlement?
Before the Court can make and approve Family Court consent orders for property settlement, they must be first satisfied that they are fair for both parties and drafted correctly.
For people in a De facto relationship seeking to file for consent orders, specific criteria are provided by the Family Law Act, which must be observed.
Once the Court approves the terms set out in the orders, each party will receive a sealed consent order. If the Court has any concerns about the evidence contained in the application, the party who provided that evidence or information will be contacted to supply further information. If the application is rejected, the Court will also inform both parties of this.
What Details Do Family Consent Orders For Property Settlement Include?
Family Court consent orders for property settlement include a wide variety of property assets beyond just the home of a former couple.
Such matters include:
- Who gets to keep formerly shared assets such as cars and furniture;
- Determining how any outstanding liabilities and debts will be handled;
- Details about how superannuation will be split; and
- Any details regarding payouts from one party to the other. This is usually where one party purchases the other’s interest in a shared asset or the home.
Can You Set Aside Family Court Consent Orders For Property Settlement?
It is pretty challenging to set out these orders once they have been Court approved. There are, however, some limited circumstances where they can be set aside, including:
- Any changes in circumstances that have made carrying out the orders impractical or impossible;
- Where there are exceptional circumstances regarding the welfare, care and development of the children which are not considered by the current orders;
- When it can be proved that fraud or dishonesty led to the agreement;
When Can You Apply?
Before an application may be made to the Court, the parties involved must be separated.
In the case of property issues, parties who were once married have a maximum of twelve months after their divorce order to apply. This time limit may be extended in some exceptional circumstances upon application. However, it is recommended that you do not rely on this as you may not qualify for an extension.
For De facto relationships, an application must be made within two years from what is legally determined as the date of separation.
Importance of Seeking Legal Advice
When discussing matters such as Family Court consent orders for property settlement, it is vital that you seek the assistance of a lawyer who has experience in both Family and Property Law matters. Our team specialises in both Family and Property Law, and we are always happy to help. Please feel free to contact us today to discuss your particular circumstances.
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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