QLD Filing Property Settlement in Court?

[nat 2015]

Can someone still file a property settlement with the courts, if the parties agreed but it's not signed by both parties? It sounds like a silly question to ask but I have heard conflicting answers

 

[Shanahan Law]

Hi Nat. No, the court registry wouldn't accept it to without both parties signing the application and the draft order.

 

[Rod]

You are talking about consent orders and yes, they need to be signed (on every page) and agreed to by the other party.

The alternative is you do a BFA without involving the court. Either way lawyers should prepare the documents.

 

[nat 2015]

Hi Nat. No, the court registry wouldn't accept it to without both parties signing the application and the draft order.

Other question if it is lodged do judges look at it closely to see if it's fair, even if you agreed to sign it

 

[Shanahan Law]

Other question if it is lodged do judges look at it closely to see if it's fair, even if you agreed to sign it

Yes

 

[Rod]

if it is lodged do judges look at it closely to see if it's fair, even if you agreed to sign it

That's the advantage of a BFA. No judges review the split for fairness. They will review how it was signed if the BFA makes it into court, but they should not evaluate the contents. How well it works in practice depends on the judge.

 

[nat 2015]

Ok thanks for that