WA Consent Orders or BFA?

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Snibbo

Member
2 February 2020
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Hi guys
My wife and I separated 7 months ago after 20 year relationship (married for 13)
We had 3 children, two are now over 18 and one is 10 years old. Parenting arrangements are amicable so no need to have a Parenting plan involved at this stage.

We have both received some independent legal advice and the factors to determine a "fair & equitable" outcome are quite vague regarding non-financial contributions.

We have agreed in principal to a financial settlement that both parties feel is fair. My question is should we be using Consent Orders or a BFA to legalise the agreement?

We have agreed on a split of 60/40 (in her favour) but I worry the court may decide that she is entitled to more and we will have to use a BFA anyway. The asset allocation has been done in a way that helps her and our child (eg - she keeps family home and I pay out her debt, I keep most of my super). Do they sweat on the actual percentage or are they more concerned with an asset allocation that suits both parties?

If a consent order is rejected is the process to appease the registrar fairly straight forward and simply resubmit the application?

Any thoughts much appreciated!!
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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I’m not a family lawyer, but my understanding is that consent orders will be a better outcome. If you’ve both received independent legal advice, I doubt the court will raise issue with the split.

Binding financial agreements may look like they achieve the same outcome, but BFAs can be challenged and overturned much easier than a consent order.
 

sammy01

Well-Known Member
27 September 2015
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consent orders - because it is by consent the court virtually rubber stamp them. 60/40 seems reasonable (with no actual details provided). They would knock back 90/10... But 60/40 seems pretty logical as a ball park in normal circumstances.

BTW - depending on the situation, you could just divide stuff up and move on without wasting $$$ on solicitors. However, this isn't the case if a superannuation split is required. So if you can tweak your arrangements there you can save on solicitors fees.

But there is some security in paying the $$ to make it legally binding.
I don't think you need to worry about the thing being rejected.

Parenting is amicable atm? hmm. Mate pay to get consent orders for the kids. Do it as a job lot.... A stitich in time saves nine...
 

Rod

Lawyer
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27 May 2014
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BFAs likely cheaper and quicker. While mentioned above they can be overturned, it is not easy if both parties obtained their own lawyers.

Consent Orders - bit more cost, takes longer waiting for court dates, harder to overturn/vary.

I'd go with a BFA if it was me. Some people seem to change minds once a court is involved. If things are amicable, I'd also not do anything with parenting orders/agreement. Again, trying to push an agreement makes some people nervous and then they start to insist of things they may not have demanded before.

Keep it as low key as you can while protecting your interests.