Reaching a mutual agreement with your former partner for property settlement is always the preferable approach. This agreement can be legally documented and approved by the court through a process known as a consent order.

To ensure the success of your consent order application, it is important to invest time and effort into completing the consent order form accurately. Many applications for consent orders fail because of incorrect or incomplete information provided.

At the beginning of the consent order form, there is a checklist that needs to be carefully reviewed and completed. It is essential to provide any necessary documents that the registrar may require, such as the valuation of your superannuation.

If the proposed property settlement appears to favor one party more than the other, it is important to provide an explanation in the consent order application. This helps satisfy the registrar that the proposed orders are fair and equitable.

Here are some important tips to consider:

A. Ensure that the proposed orders do not overlap with an existing binding financial agreement. If such an agreement exists, it must be attached to the consent order application. This allows the registrar to confirm that it pertains to a different subject matter.

B. The involvement of third parties should be avoided in the proposed orders. For example, if a family member acts as a guarantor for a mortgaged property, that person needs to be included as a party in the consent order application. This ensures that all affected parties have agreed to the proposed orders.

C. Child support cannot be included in the proposed orders. Registrars lack the authority to make orders regarding child support.

D. Clearly specify the division of property. It is crucial to indicate the proposed percentage division of all assets.

Consent orders that have been sealed and issued by the court are considered final and binding, similar to orders made by a judge in a physical courtroom.

Property division is a significant decision, so while it is possible to complete a consent order application independently, seeking legal advice is recommended. Legal professionals can provide guidance on the appropriate orders and how to properly document them.

If you have any questions regarding consent orders, property settlements, or any other aspect of family law, feel free to contact us here at GLG Legal Springfield on: (07) 3288 3511. Our experts are here to guide you through this time.