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WA Property Settlement Document?

Discussion in 'Family Law Forum' started by Jay howard, 10 February 2015.

  1. Jay howard

    Jay howard Active Member

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    Hello

    I am currently going through a property settlement with my ex. We have agreed to a payout sum but I haven't yet completed the consent orders. I am in the process of getting a loan out as I want to organise it quickly. The loan has been approved upon me providing a separation agreement document that my wife and I both sign and then the loan will go through.

    What I need to know is, is there any other form of document or maybe a statutory declaration that I can provide the financial institution to get the loan moving quickly. I want this organised quickly and so does my ex and we are amicable as well.

    Can anybody help or is the family law consent order the only way?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Jay,

    In WA you can also use a binding financial agreement which is like a contract between you and your ex wife that stipulates how your assets will be divided. They can be made before, during or after a marriage to settle property matters. However generally to make this type of document you and your ex will both need to obtain independent advice from separate lawyers.

    You could ask the bank if they would accept statutory declarations by both you and your wife of the situation.
     
    Jay howard likes this.
  3. Jay howard

    Jay howard Active Member

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    Thanks sophea, yes ive asked if I can use a stautory declaration and am awaiting a response.where do I look too get the financial binding agreement?

    Thanks for your help.
     
  4. CathL

    CathL Well-Known Member

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    The binding financial agreement will need to be finalised by a family lawyer and both parties will need to have had separate legal advice in order for the agreement to be binding. Unfortunately, its not as simple as fill in a template and go.
     
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