Property Orders

Did you know that following a separation your former spouse or de facto partner may have a family law entitlement over portion of your future inheritance, year-end bonuses, savings, lottery winning, or even a property that you may have purchased with a new partner?

In order to end your financial relationship from your former partner your financial separation needs to be legally formalised. It is important to be aware that obtaining a Divorce does not achieve a financial separation, although it will enable you to re-marry. 

One way to achieve a financial separation is by entering into Consent Orders. These are Court documents that are drafted by a family lawyer to reflect your agreed division of assets and liabilities, are signed by both parties and submitted to the Court electronically for their consideration. A requirement of Consent Orders is that they represent a “just and equitable” division of the parties asset pool. 

Consent Orders are submitted to the Court contemporaneously with an Application form which contains the agreed facts and values that assist the Court in determining whether the split is ‘fair’. If the Court is satisfied that the agreement is represents a just division of the asset pool they will make Final property Orders in the proposed terms and provide copies of these Orders to the parties with the Court’s Seal. 

Schedule an appointment with our office to day to obtain tailored advice regarding your property entitlements and the process involved in negotiating a fair outcome to be formalised by way of Consent Orders.