VIC Sign Discharge documents before financial order?

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Ozboy2010

Active Member
2 November 2020
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Hi all

My ex-partner has just asked me to sign the discharge/mortgage documents (she's keeping the family house and paying me out) before we finalised the financial/consent orders.
Knowing that she has also agreed to transfer me some super as part of the settlement - is that the logical thing to do?
I thought that the consent order would be the very first thing to be signed/lodged before moving onto the split of assets and super?
Thanks
 

Atticus

Well-Known Member
6 February 2019
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I thought that the consent order would be the very first thing to be signed/lodged before moving onto the split of assets and super?
You thought right ....

You should insist on a court approved & stamped consent order before doing or signing anything ... If the 'deal' goes pear shaped or one party does not do what is required as per the consent order, then you can seek enforcement
 

sammy01

Well-Known Member
27 September 2015
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ok so are there kids involved? Look i totally agree with Atticus. All the more if the consent orders pertain to assets and kids. She wants asset divison done asap and you want child access sorted.

And as far as super goes that can ONLY happen after the courts have stamped the consent orders.
 

Ozboy2010

Active Member
2 November 2020
7
0
31
Thanks both for confirming what I thought
I have to say that alarm bells started ringing when she said that 'she was doing for me'!!
We have kids but not seeking parenting orders at this stage. Purely assets/super for now.
 

sammy01

Well-Known Member
27 September 2015
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I'd be advising to get kids sorted FIRST.

Lots of stories here of blokes doing asset division and even falling for the stupid mantra of letting her have it all because it will help the kids BLAH BLAH. Only to find that once asset division is sorted an argument happens and all of a sudden you're not seeing the kids anymore.
 

netty

Member
5 November 2014
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I am also wanting to finalize my settlement and we don't have kids, I was the one who said he can have most of the assets and I just want a small amount to go toward my mortgage. He agreed to transferring some of his super into my super fund but the order was agreed on nearly a month ago and I have not seen any deposit. How is this process achieved if you don't have a lawyer to push it for you ?