When you and your former partner come to an agreement about dividing your assets and liabilities after a separation, you can formalize this agreement into what are known as ‘consent orders’. This is referred to as a ‘property settlement’ if the orders divide your assets and liabilities.
To have consent orders issued, both you and your former partner must reach an agreement. It is not possible to obtain consent orders for a property settlement unless you both agree and sign the documents before they are lodged with the Court. Consent Orders have the same legal effect as orders made by the Court following a contested hearing. They are equally binding and enforceable, with the main difference being that you have control and agreement over the content of the orders.
Consent Orders Canberra
Unlike orders made following a contested hearing, consent orders are not imposed by a judge but are agreed upon by both parties. The Court does not create your consent orders for you. You must submit your own properly drafted proposed consent orders, clearly detailing the agreed terms.
It is advisable to seek the assistance of an experienced family law practitioner to draft your orders, as they will ensure that all necessary details are included and that no ambiguities are left unresolved. While some individuals may not feel the need to formalize their property settlement and obtain consent orders, there are specific reasons for doing so. For instance, consent orders allow for the transfer of a property from joint names to one person’s name without incurring stamp duty implications. Similarly, if you wish to obtain orders to split superannuation, it is best done through property settlement consent orders.
