Property settlement consent orders made in the Family Courts are a necessity to finalise financial matters.
We can finalise your property settlement agreements in cases where you are in agreement for a fixed fee. If you are transferring any property, particularly a house or land, then a consent order will provide you with stamp duty concessions that could save you thousands of dollars.
Properly drafted family court consent orders will prevent either party (to the extent that the law permits) from making any claim against the property of the other in the future. Don’t forget that superannuation is also property under the Family Law Act and a consent order can split superannuation entitlements between couples.
Consent orders once made by the court are enforceable by further application to the court and there could be financial and other consequences for a party who breaches an order. Consent order applications are often drafted by one solicitor acting on behalf one of the parties and the other pay may engage their own solicitor to obtain advice and peruse the documents before they are signed an submitted to the courts.
The alternative to consent orders through the courts is a financial agreement drafted in compliance with the strict conditions set out under the Family Law Act. You can find out more about financial agreements on our website, just search for financial agreements.