It’s always preferable to reach a mutual agreement with your former partner when it comes to a property settlement.

If you can do this, your agreement can be documented and approved by the court in what is called a consent order.

Taking the time and effort to ensure a consent order form is completed correctly is a good way to ensure the judicial registrar will approve the proposed consent orders.

Many applications for consent orders are unsuccessful simply because the information required has not been provided correctly.

At the beginning if the consent order form, there is a checklist of items that need to be completed. Make sure you go through the checklist carefully and provide any documents the registrar might need to see, for example, the value of your superannuation.

If the property settlement looks like it favours one of you more than the other, be prepared to explain this in the consent order application, so the registrar can be satisfied the proposed orders are just and equitable.

Here a few tips you need to know:

• The proposed orders should not overlap with an existing binding financial agreement. If there is a binding financial agreement, it must be attached to the application for consent orders. That way, the registrar can ensure it deals with a different subject matter.
• The proposed orders should not involve third parties. For example, you may have a family member who is a guarantor for a mortgaged property. If that is the case, that person will need to be a party to the consent order application, so that the registrar can see the orders have been agreed to by everyone who may be affected by the order.
• The proposed orders cannot include child support. Registrars do not have the power to make orders for child support.
• Specify the division of property. It’s important to indicate the proposed division of all the property as a percentage figure.

Consent orders sealed and issued by the court are final and binding, as if made by a judge in person, in a courtroom.

Property division is one of life’s biggest decisions, so while it is possible to complete a consent order application yourself, it’s best to get legal advice regarding what those orders should be and how to best document them.

If you have questions about consent orders, property settlements, or any other aspect of family law, contact us here at Bickell & Mackenzie. Follow the link here to get in touch with us today!