QLD property settlement before divorce

[NewToThis]

Hi,
I am recently separated (coming up to 5 months)
We currently are doing week on/ week off at the house with the 3 kids. Parenting is agreed and not a problem.
We are looking at next steps and I have offered to buy her out of the house to keep some normality for the kids. (i am currently paying the full mortgage, rates, electricity and maintenance of the house)

To be exempt from paying any stamp duty what is the process? do we need consent orders or apply to the courts (which will cost)? or can a document saying i was purchasing her share of the house suffice? we are trying to work out how to do this the cheapest way and not involve lawyers etc.

I tried to read the Family Law act but without going into detail i am a bit lost.

thanks

 

[sammy01]

how old are kids?
What does the ex make $ in comparision to you?

So any legally binding agreement regarding $ requires both parites to get independent legal advice (solicitors). One each.

I believe you will have to pay half stamp duty to have the ex removed from the title. More $... Divorce is an industry.

Options.
1. Sell up move out agree to split what ever $$ there is factoring in cars, super, funiture, shares etc etc. Shake hands. Smile (kinda).
2. You get a solicitor to write up consent orders. The ex goes and sees another solicitor to have the orders checked so the solicitor can sign to say advice had been given. Consent orders then get rubber stamped by the courts. You pay out the ex some $ you pay half stamp duty and away you go... While you're doing that, you might as well have the kids included in the orders to give you certianty about all parenting matters moving forward.

A word of warning - especially if the ex earns lots less that you. Can she afford to move out on her own and pay rent? See there is lots of $ assistance from the government - family tax benefit etc and she can get lots more of it if the parenting arrangemetns see her having more than 65% care.

Do your best to keep things chilled. Good for you and HER if you can be mature enough to just move on without tearing eachother apart with solicitors etc. Very very few couples manage that. Well done. Try and keep it going.

 

[Atticus]

To be exempt from paying any stamp duty what is the process? do we need consent orders or apply to the courts (which will cost)? or can a document saying i was purchasing her share of the house suffice?

MUST be a court order, (final orders by consent are okay) OR a Binding Financial Agreement