The best solution to resolving property and children matters is to reach an agreement outside of Court. This method provides for a more amicable separation and saves of legal costs.
Parties can reach an agreement between themselves, however, such an agreement is not binding on either party until it has been filed and sealed by the Court through an Application for Consent Orders and Proposed Consent Order.
Consent Orders can be used to create a binding agreement in respect to care arrangements for children as well as property settlement and spousal maintenance.
Consent Orders have the benefit of being sealed by the Court to make them enforceable without the stress of issuing proceedings.
How we can help:
1. If you come to our office with an agreement, we are able to prepare an Application for Consent Orders and Proposed Consent Order outlining your agreement in the form necessary for the Family Court of Australia to accept; or
2. If you are yet to reach an agreement, we can negotiate with your former partner or their solicitor until an agreement can be reached and then prepare the necessary documents to finalise the agreement.
We are able to offer fixed fees for this service.
How long do I have to resolve property matters?
If you were married, you must make an application for property adjustment within 12 months of the date of your divorce.
If you were in a de facto relationship, you must make an application for property adjustment within 2 years of the date of separation.
It is possible to make an application for property adjustment out of time, however, you will need to be granted special permission by the Court.
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