Consent Order (form 11) questions (WA)

[Grouchy-Stomach]

Long story short - my wife and I are going our separate ways. Thankfully, everything is amicable and friendly and we are in the process of completing the consent order (form 11) to divide everything up.

We have agreed that everything will be split 50/50. I will refinance the house and she will receive a payout, halve the savings and we will keep our respective cars. There are no children involved and we aren't splitting super. My questions are as follows:
- I presume we only need to complete the parts we want to split officially, eg the house?
- When it comes to mentioning the value of my share of the property, is this the market value or half the equity in the house (which is only around 30k or 15k each?)
-Do you need to supply a minute of consent orders as well with the application? If so is this just - "Anon agrees to pay X once X happens?"

Thanks so much for any help or direction.

 

[Atticus]

I presume we only need to complete the parts we want to split officially, eg the house?

You should as best you can include all joint assets & how you agree to divide them (or at least those spaces provided on the form 11)

When it comes to mentioning the value of my share of the property, is this the market value or half the equity in the house (which is only around 30k or 15k each?)

This from top of page 11 of the Form >>>

PROPERTY How to list shared property
If you own any property jointly with the other party to this application or any other person, then show the market value of your individual share in that property. (emphasis added)

Do you need to supply a minute of consent orders as well with the application? If so is this just - "Anon agrees to pay X once X happens?"

Provide draft of consent orders with your application see HERE for some info

Not a bad idea to spend some money on having the orders written up by a solicitor. Wording is important. Needs to be clear, unambiguous & with time lines that things must be completed by, plus what is to happen if those timelessness are not met

 

[sammy01]

Yeah as a rule I try to give advice that assists punters in avoiding solicitors or at least minimising the damage. But for something like this spending a grand or two to get it done is money well spent.