Property Settlement in Consent Orders
Australia’s leading fixed-fee consent Orders Solution for amicable Property Settlements.
No hidden fees, no drawn-out process, just fast, affordable results for your Consent Orders, servicing all of Australia.
What Do You Need Help With?
Whatever stage of life you’re passing through, we can document and finalise a legal arrangement to help you find certainty.
- We do not try to change your agreement. We are a neutral party happy to with both parties for a quick resolution.
- Fast. Our Consent Orders will be prepared in 24Hrs at a fixed fee.
- Professional. We are Accredited Specialists in family law (NSW and QLD).
- Easy to deal with. We offer you a fully remote service with Rachel and Brendan.
- Comprehensive. We complete every step of the process – Application for Consent Orders and Minute of Order.
How do you complete a Property Settlement with Consent Orders
Property Settlement in Consent Orders. Here’s a summary of what you need to know:
Property Settlement in Consent Orders:
Formalising Agreements: Consent Orders are a way to formalise a property settlement agreement reached between separating parties. Both parties are bound by the terms of the agreement.
Consent Orders are Legally Binding: Once the court has approved them, Consent Orders become legally binding and enforceable.
Division of Assets and Liabilities: The Consent Orders will outline how assets (e.g., real estate, bank accounts, investments, superannuation) and liabilities (e.g., mortgages, loans, credit card debt) will be divided between the parties.
Court Approval Required: The court must review the proposed Consent Orders to ensure they are “just and equitable” before approving them.
Alternative to Litigation: Those who are lucky enough to have an amicable agreement choose Consent Orders. This path avoids a potentially lengthy and expensive court battle.
Key Considerations:
Full and frank financial disclosure is essential.
The agreement must be fair to both parties.
Legal advice is highly recommended.
Relevant Legislation: The Family Law Act 1975 (Cth) governs property settlements in Australia.
In essence, a property settlement in Consent Orders is a legally binding agreement that outlines how assets and liabilities will be divided between separating parties, formalised through court approval. It’s a way to achieve a fair and certain outcome without
Key Objective a Property Settlement:
The primary goal of any property settlement in Australian Family Law , through consent orders, is to achieve a “just and equitable” outcome. in the specific circumstances of the parties. This is the paramount consideration for the Court.
- In family law, a property settlement refers to dividing assets and liabilities (debts) after a marriage or de facto relationship ends.
- This can include all assets, including everything from real estate, superannuation, investments, bank accounts, such as shares, Crypto, cars and bank accounts.
- It also includes all Debts (liabilities) either joint or individual. This would include mortgages, personal loans, car loans, credit cards, tax liabilities, HECS debts.
- The goal is to divide the property in a way that is considered fair and equitable, considering both parties’ contributions and future needs.
What is included in a Property Settlement
What Assets Must Be Included?
In a property settlement, the law requires full and frank disclosure. This means every asset owned by either party—whether individually, jointly, or through a business—must be listed. The “pool” is valued at the date the orders are drafted, not the date of separation.
Real Estate.
Financial Resources and Cash
Personal Property and Tangible Assets
Business Interests and Trust Assets
Superannuation
Liabilities: Dividing the Debt
Real Estate.
Real Estate and Property
Generally, the most important asset is Real Estate. This includes:
The Matrimonial Home: The primary residence where the family lived.
Investment Properties: Residential or commercial rentals.
Vacant Land or Holiday Homes: Any domestic or international land holdings.
Financial Resources and Cash
Financial Resources and Cash
All liquid assets must be accounted for to ensure the division is equitable.
Bank Accounts: Savings, transaction accounts, and term deposits.
Shares and Investments: Stocks, bonds, ETFs, and dividends.
Cryptocurrency: Digital assets held in private wallets or on exchanges.
Personal Property and Tangible Assets
Personal Property and Tangible Assets
While minor household items are often divided informally, high-value items should be specified:
Motor Vehicles: Cars, motorcycles, caravans, and trailers.
Watercraft and Aircraft: Boats, jet skis, or private planes.
High-Value Collectibles: Art, jewelry, antiques, or rare wine collections.
Business Interests and Trust Assets
. Business Interests and Trust Assets
Complexity often arises when one or both parties own a business.
Company Shares: The value of the business entity itself.
Partnerships: Interests in professional practices (e.g., law or accounting firms).
Discretionary Trusts: Assets held within a trust structure where a party has control or is a beneficiary.
Superannuation
Superannuation is treated as a different type of property. It can be “split” from one partner to the other, but it remains in a regulated fund until the recipient reaches preservation age.
Accumulation Funds: Standard industry or retail funds.
Defined Benefit Funds: Complex funds (often for government or military) that require specific valuation formulas.
Self-Managed Super Funds (SMSF): These require detailed orders regarding the transfer of underlying assets.
Liabilities: Dividing the Debt
Liabilities: Dividing the Debt
A property settlement isn’t just about sharing the wealth; it’s about allocating the debt. The “net pool” is calculated by subtracting liabilities from total assets.
Mortgages: Who will be responsible for the home loan?
Credit Cards and Personal Loans: Ensuring the “debt-free” party is indemnified.
Tax Liabilities: Unpaid income tax or projected Capital Gains Tax (CGT) if an asset is sold.
Hiring Purchase/Leases: Debts attached to vehicles or equipment.
Elements Required to Make the Agreement Legally Binding
For the Court to grant Consent Orders, the application must meet strict legal criteria. It is not a “rubber stamp” process; a Registrar must be satisfied that the orders are “just and equitable.”
1. The Application for Consent Orders (Form 11)
This is the primary document. It contains the financial data of both parties, including income, expenses, assets, and liabilities. It provides the “context” the Court needs to see if the proposed division is fair.
2. Full and Frank Disclosure
If one party hides an asset (like a secret offshore account or a business interest), the Consent Orders can be set aside (cancelled) by a court later. Truthfulness is the foundation of a binding agreement.
3. The “Just and Equitable” Test
Under the Family Law Act 1975, the Court will not approve orders just because both people signed them. They look at:
Initial Contributions: What each person brought into the relationship.
Financial Contributions: Wages and earnings during the marriage.
Non-Financial Contributions: Homemaking and parenting.
Future Needs: Differences in earning capacity, age, health, and the primary care of children.
4. Procedural Fairness for Superannuation
If you are splitting superannuation, you must give the Trustee of the super fund 10 days’ notice of the proposed orders. This allows them to object if the orders are administratively impossible to carry out.
What Sort of Orders Can Be Included in a Property Settlement?
The actual “Orders” are the specific directions that tell the parties (and the world) what to do. Common orders include:
Transfer of Property
“That within 28 days of the date of these Orders, the Husband do all acts and things and sign all documents necessary to transfer to the Wife all his right, title, and interest in the property located at…”
Sale of Property
If neither party can afford to buy the other out, the orders will dictate:
- How an agent is chosen.
- The minimum listing price.
- How the net proceeds are divided (e.g., 60% to the Wife, 40% to the Husband).
Spousal Maintenance
In some cases, the orders may include a “periodic” or “lump sum” payment from one party to the other to support them if they cannot adequately support themselves.
Indemnity Clauses
These are crucial for protection. They state that if one party fails to pay a debt they’ve agreed to take on, they must “indemnify” the other party for any loss or legal costs incurred.
“Sunset” Clauses and Default Provisions
What happens if the house doesn’t sell? What if someone refuses to sign the transfer papers? Good Consent Orders include “default” provisions, such as appointing a Court Registrar to sign documents on behalf of a defaulting party.
What are the steps to complete your property settlement in consent orders?
01
Talk to Us
Before starting your matter, we need to ensure we can deliver the agreement you and your former partner have designed. If we can't deliver what you want, we will tell you, and if you have paid us money, we will refund it.
02
Draft your Agreement
We provide you with intake forms to complete; They are interactive and quite simple to use. If you have questions, you can call, text or email us. We will provide you with a dedicated mobile number. We will complete the Application for Consent Orders and the minute of Order in 24Hrs
03
Read your Draft Agreement
Check the draft agreement we provide you. Any questions call me, any changes we will do that in 24Hrs
04
Sign your agreement
Your agreement is signed electronically - no printing and no witnesses. No matter where you are in the world teh signing process is instant
05
We lodge your Consent Orders with the Family Court
We manage the approval process with the Family Court on your behalf. Its simpler and faster if we control it.
06
Once Approved by the Family Court
We will advise you once your property Settlement is approved and send it to you by email. Additional copies are provided to your Bank, Broker, or Conveyancer if required. We can provide electronic certified documents
Relevant Legislation to Property Settlements in Consent Orders
The primary legislation governing property settlements and consent orders in Australia is the Family Law Act 1975 (Cth). Within this Act, several key sections are particularly relevant:
For Property Settlements Generally:
Section 79 – Alteration of property interests:
- This is the section allows the Federal Circuit and Family Court of Australia (FCFCoA) to make orders that alter property interests of parties in a marriage. It also sets out the broad principles the Court must consider, including the “just and equitable” requirement and the various contributions.
- Section 75(2) – Matters to be taken into account in relation to spousal maintenance: While primarily related to spousal maintenance, the extensive list of factors in this section (age, health, earning capacity, care of children, financial resources, etc.) are also explicitly cross-referenced and considered by the Court under Section 79 when assessing the “future needs” of each party for a just and equitable property settlement.
- Section 79A – Setting aside of orders altering property interests: This section allows a party to apply to the Court to set aside or vary a final property settlement order in very specific and limited circumstances, such as:
- If there is a miscarriage of justice due to fraud, duress, suppression of evidence, or false evidence.
- Failure to carry out an obligation imposed by the order.
- Only in exceptional circumstances in relation to the care, welfare, and development of a child of the marriage.
- Part VIIIAB – Financial Matters (for de facto relationships)
- Section 90SM – Alteration of property interests (de facto relationships): This section is equivalent to Section 79, but it applies specifically to de facto relationships. It grants the Court the same powers to alter property interests for de facto partners, using similar “just and equitable” principles and taking into account comparable factors.
- Section 90SF – Matters to be taken into account in relation to de facto partner maintenance: Similar to Section 75(2) for married couples, this section provides the factors the Court considers when assessing the future needs for de facto property settlements and de facto partner maintenance.
- Section 90SN – Varying and setting aside orders altering property interests (de facto relationships): This mirrors Section 79A for married couples, allowing for the setting aside or variation of de facto property orders in similar limited circumstances.
Who will be helping you?
“We are not a large law firm; in fact, there are only two of us dedicated to the successful completion of your Consent Orders. At the end of this process, we will have a discussion to see how we performed and your thoughts on the process.”
Rachel
Rachel is an Accredited Specialist in Family Law recognised in both Queensland and NSW.
Rachel manages all the legal aspects of your matter
- Looking at all initial information supplied and ensuring compliance with the Family Court
- Drafting application. minute of order, Notice of Risk and superannuation correspondence.
- All Aspects of the Family Court Portal and discussions with the Family Court.
- Assists with any requestions if required.
Brendan
Brendan will be the first person you speak to about your Consent Orders,
You will have a general discussion about your matter and if it’s mutually suitable for our firm.
- You will discuss our role in the process.
- How would your agreement probably be drafted by Rachel?
- The timing and cost of your Consent Orders.
- The process to move forward
- Collection of all your information to draft your agreement.
We only do Consent Orders.
Kate Austin only works with clients to draft consent orders. We do not draft Binding Financial Agreements or prenuptial agreements, or offer other services.
We are a national service.
As a service that operates nationally, in fact, the world, so long as their matter can be determined in the Australian Family Court. Family law is a national law governing all Australians equally. The same rules apply in all states ( with some exceptions in Western Australia). A registrar within any state (except Western Australia) can determine your consent orders.
Fixed Fee Sevice .
For simplicity, we only charge fixed fees, avoiding confusion and eliminating a potential dispute over fees. We advise our fees in advance and provide you with a trust account request for that amount. That money will remain in your trust account until the matter is finalised. Then we will pay your account usually a week or two later. Fixed fees avoid potential conflicts.
We will only accept your matter if we believe it’s “just and equitable”.
We complete quite a few hundred matters each year. We are proud that we have never had a matter ejected by the Family Court. We can never guarantee what the court will decide; however, after 25 years of Family Law, we can select matters that the Family Court will approve.
Associations of Which We’re Part
As experienced family lawyers, we’re also a member of Australia’s leading law associations.
Questions on Consent Orders?
Having practiced family law for 20 years, we know all the ins and outs. Many clients have questions about how Consent Orders and other financial agreements work in their particular situation. If you’d like to know how these agreements help you move on with life, get in touch and schedule a free, no-strings-attached chat.
General Questions about the Consent Orders
Consent Orders require full financial disclosure of all assets and liabilities. Without full the full picture, the Family Court cannot make an informed decision about “just and equitable”.
No – The Family Court cannot change your agreement. The only option they have is to approve your request or initially requestion it and unsuccessful dismiss your application.
The court will make all reasonable attempts to ensure that one party is not being taken advantage of. Occasionally, we see matters one party is trying to submit an agreement that clearly is taking advantage of the other party.
Yes, even if there is a nominal amount, once again, it’s full financial disclosure.
Yes, all states and territories have provisions for stamp duty exemptions. While the rules do vary from state to state we will your orders will be compliant with your states regulation.
Contingency orders outline what happens if one party does not comply with an order with in the agreed terms.
