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NSW Can We Lodge Consent Orders on Property Settlement Ourselves?

Discussion in 'Family Law Forum' started by JoSteps, 11 September 2016.

  1. JoSteps

    JoSteps Member

    11 September 2016
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    My husband and I separated in March 2015. He remained in the family home with our children, aged 16 and 17. Together he and I purchased a small house for me to live in. Ex and the children are moving interstate for his work and we have just exchanged contracts this week to sell the family home.

    Our separation is amicable. We have both agreed to a 50/50 split of our assets.

    I need to refinance the house that I am living in, in order to get my ex-husband's name off the mortgage. After much reading and speaking to various people, I have been told that if my ex-husband and I lodge Consent Orders for our property settlement with the Family Court, then I won't have to pay stamp duty when I refinance the house.

    I have done a lot of reading about Consent Orders and consequently, I am a bit confused. Are my ex-husband and I able to write up the Consent Orders and lodge it ourselves? Is there any legal requirement for us to consult a solicitor?

    Neither of us want to see a solicitor as this is very amicable and we are full agreed on the terms of our property settlement.

    Any help would be appreciated.
  2. sammy01

    sammy01 Well-Known Member

    27 September 2015
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    My understanding is that you'll have to pay half stamp duty.... You and the ex will need to seek independent legal advice for consent orders to be approved by the court. You can write them yourself but you need a soicitor to read them and advise you separately. See: Family Lawyers: Book Online | LawTap

    From what I understand, that'll likely cost both you and the ex about $1000-$1500 each.

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