Consent Order & Application Kit

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Cramah

Member
8 March 2021
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0
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My de facto and I have agreed on a figure and happy to sign the consent order for me to retain 100% of my property.
We have no kids, no joint assets or liabilities, no super interests, we don't even have a joint bank account anymore.
So trying to fill out the Application Kit is really difficult as so much seems irrelevant. Am I best to mark X as much as
possible and then N/A for the rest.

Any help would be much appreciated.
 

sammy01

Well-Known Member
27 September 2015
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691
2,894
Is there shared property (house) with both names on the title?
Any application for consent orders that involves asset division requires both parties to get independent legal advice... (solicitors).

To avoid this just wait 12 months from separation and then get divorced and don't bother with consent orders. BUT if there is a house / land with both names on the title you're gonna need laywers.
 

Atticus

Well-Known Member
6 February 2019
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My de facto and I have agreed on a figure and happy to sign the consent order for me to retain 100% of my property.
Unless you have been living as de facto for 2 years or more then there is probably no need to even bother with an order.

Assuming you have been together at least 2 years, & since you have agreed on a figure, I'm also going to assume that figure is to buy out his interest in the house, or at least a figure to bring to a conclusion your financial relationship & formalise the agreement.

Regarding the consent order application .... It's not mandatory for you to engage or even consult with a lawyer to do the application... That said, it is advised you do, & if you are not confident in filling out the application, you absolutely should spend the money to have a lawyer do it.

One reason being you want the orders sought written in a way that is clear & unambiguous. That directs each party to do whatever is necessary to bring into affect what you want, a date to do it by, & what is to occur if one party does not do whatever is required by that date.

There are sections of the application that (if they don't apply to you) can be drawn through or omitted... Important that you still sign each page though even if you don't fill in any section of it.

The court registrar who's job it will be to go over your application has to be satisfied that the orders sought are just & equitable to both parties.. That requires that S/he knows all the relevant circumstances, hence all the questions... There is also a duty of disclosure... Usually all property & financial assets need to be declared (even those that are not jointly held) Failure to do so can leave you open to an application for an order to be seat aside due to non disclosure.
 

sammy01

Well-Known Member
27 September 2015
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691
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I disagree with Atticus.
It is mandatory to consult a solicitor.
If you agree about property and finance - Family Court of Australia
Quote:
For a financial agreement to be legally binding, you must both have:

  • signed the agreement, and
  • received independent legal and financial advice before signing.
But I agree with him in that you can sort this with a hand shake as long as there is no superannuation split required OR a house with both names on the title to deal with.
 

Atticus

Well-Known Member
6 February 2019
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265
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It is mandatory to consult a solicitor.
If you agree about property and finance - Family Court of Australia
Quote:
For a financial agreement to be legally binding, you must both have:

  • signed the agreement, and
  • received independent legal and financial advice before signing.
I agree the above is relevant to financial agreements, however a consent order is not that.

The link you provided deals mostly with financial agreements pursuant to Sections 90KA & 90UN of the FL Act, & in particular what makes a financial agreement binding..

Below is from the Consent Order Kit ...

It is important that you understand the meaning and effect of the orders you seek.Even if you have decided to make your application without the help of a lawyer, you should obtain independent legal advice about the effect and consequences of the orders you propose and signing of the Statement of Truth.

Part M of the application (statement of independent legal advice) can be omitted.. The application will still be processed & stamped if the orders sought satisfy the registrar as just & equitable

I repeat though that I believe @Cramah should engage a solicitor to help with the application if S/he is not 100% confident in DIY
 

Cramah

Member
8 March 2021
3
0
1
My de facto and I have agreed on a figure and happy to sign the consent order for me to retain 100% of my property.
We have no kids, no joint assets or liabilities, no super interests, we don't even have a joint bank account anymore.
So trying to fill out the Application Kit is really difficult as so much seems irrelevant. Am I best to mark X as much as
possible and then N/A for the rest.

Any help would be much appreciated.
My de facto and I have agreed on a figure and happy to sign the consent order for me to retain 100% of my property.
We have no kids, no joint assets or liabilities, no super interests, we don't even have a joint bank account anymore.
So trying to fill out the Application Kit is really difficult as so much seems irrelevant. Am I best to mark X as much as
possible and then N/A for the rest.

Any help would be much appreciated.
Hi Sammy, Thanks for your reply. No there is no shared property, my name is the only one on the title.
We are not married, I entered into a de facto visa situation 5 years ago as she is German, she now has permanent residency
but we are going in different directions. We have always agreed the house would remain mine, that is what the Consent Order is for.
What do you think?

Thanks,
Craig
 

Cramah

Member
8 March 2021
3
0
1
Is there shared property (house) with both names on the title?
Any application for consent orders that involves asset division requires both parties to get independent legal advice... (solicitors).

To avoid this just wait 12 months from separation and then get divorced and don't bother with consent orders. BUT if there is a house / land with both names on the title you're gonna need laywers.
Is there shared property (house) with both names on the title?
Any application for consent orders that involves asset division requires both parties to get independent legal advice... (solicitors).

To avoid this just wait 12 months from separation and then get divorced and don't bother with consent orders. BUT if there is a house / land with both names on the title you're gonna need laywers.
I disagree with Atticus.
It is mandatory to consult a solicitor.
If you agree about property and finance - Family Court of Australia
Quote:
For a financial agreement to be legally binding, you must both have:

  • signed the agreement, and
  • received independent legal and financial advice before signing.
But I agree with him in that you can sort this with a hand shake as long as there is no superannuation split required OR a house with both names on the title to deal with.
Thank you Atticus. The last page of the Consent Order I have is the 'CERTIFICATION OF CONSENT ORDER' which has spaces allocated for both Applicant & Respondents lawyers to sign.
I am happy to engage both Lawyers if that is the case. We have no shared property, my name is the only one on title and we are ending a 5 years de facto visa relationship.
She has permanent residency now but we are going in different directions. She is happy to sign the consent order for our agreed figure and the property would remain mine.
Thanks, Craig
 

Atticus

Well-Known Member
6 February 2019
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265
2,394
We have no shared property, my name is the only one on title and we are ending a 5 years de facto visa relationship
Given your circumstances, I'm not sure it's worth the cost of engaging solicitors ... There are no title transfers to do therefore nothing she must sign or do. Perhaps if you just both visit a community legal center to assist with the application. Should be fairly basic
 

sammy01

Well-Known Member
27 September 2015
4,775
691
2,894
I'm guessing you registered the relationship?
If so you can just complete the revoke registration certifcate form (if in nsw) I'm sure other states have similar and move on...
 

Atticus

Well-Known Member
6 February 2019
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265
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I think there are time limits on revoking a RR...

Also the de facto here was over the 2 year legislated time anyway so highly unlikely revoking a RR would have any affect in terms of family law & asset division