A consent order is a legal agreement that outlines the division of property, assets, and financial matters between parties after their de facto relationship or marriage has ended. It is a formal agreement approved by the court, which makes it legally binding.
It allows the parties to negotiate and come to an agreement on how their property will be divided and then submit that agreement to the court for approval.
You do not need to attend court to obtain property orders by consent. They give you a streamlined process to resolve your property settlement matters without having to go through expensive and lengthy contested court proceedings.
The benefits of consent orders
Property settlement orders that are made by consent have the following benefits.
- They are legally binding and have the same effect as a court order made by a judge after a contested court hearing.
- There are limited circumstances in which the orders can be set aside, giving you a high degree of financial security and certainty for the future.
- They enable you to be exempt from paying stamp duty on a property that is being transferred.
- They can give you capital gains tax rollover relief.
- They enable you to split your, or your ex-partner’s, superannuation as part of the property settlement.
The process to get consent orders
Negotiate
Negotiate with your ex-partner to reach agreement on the terms of the property settlement.
This can include the division of real estate, financial assets, debts, superannuation, and any other relevant property.
Write the consent orders
Once you have reached an agreement, document the terms of that agreement as proposed minutes of consent.
The document needs to be expressed as orders of the court and needs to clearly outline the agreed-upon division of property and any other relevant financial arrangements.
Court consideration of the consent orders
Lodge the signed document with the Federal Circuit and Family Court or Family Court of Western Australia, along with an application for consent orders.
The court will review the documents to ensure they are fair and reasonable and that they comply with the requirements of the Family Law Act.
Court approval of the consent orders
The court’s approval makes the consent orders legally binding and enforcable.
Once approved by the court, you and your ex-partner must follow the terms of the orders.
How we can help
Our consent orders give you an affordable and accessible property settlement.
Get started now and let our experienced family lawyers help protect your financial future.
