Sample Consent Orders Property Settlement
There is no one-size-fits-all for Consent Orders. You may find services selling a Consent Orders template, however, most often these templates do not help with the smaller details of your agreement and they often result in the Court rejecting an Application for Consent Orders.
The key considerations for Consent Orders are as follows:
Each Order is specific, numbered, imposes obligations on the parties and is properly signed by both parties.
The overall division of the total net assets including superannuation provided for in the Consent Orders matches the percentage stated in the Application for Consent Orders.
The Consent Orders end the financial relationship between the parties, which means that implementation the Consent Orders will separate all jointly owned assets and liabilities and sever all financial ties.
Payment of money, transfer of real estate and/or discharge of a mortgage: include 'default clauses' to provide for the sale of real estate or another asset in the event that your former partner does not make a payment to you, or cannot find the money to discharge an existing mortgage. This will ensure that you receive your payment, or your share of sale proceeds, and bring about finality under all circumstances.
Include an order that a Court Registrar can sign any document necessary to implement the Consent Orders if your former partner refuses to do so. This order is made pursuant to Section 106A of the Family Law Act.
Superannuation splitting orders are approved by the superannuation fund before you lodge your Application for Consent Orders with the Court.
A Notation to enshrine the 'clean break' principle that the Consent Orders finally end financial relationship between you and your former partner. In the case of a married couple, the finality clause is made pursuant to Section 81 of the Family Law Act; and in the case of a de facto couple, the finality clause is made pursuant to Section 90ST of the Family Law Act.
