Property
Navigating Property and Financial Separation
On this page you will find information about:
- Consent Orders
- Binding Financial Agreements
- Dispute Resolution or Mediation
Consent Orders
The quickest and cheapest way to finalise the division of your property with your ex-partner, following separation, is to reach an agreement and draft this into Consent Orders.
Consent Orders are a binding document, issued by the Federal Circuit and Family Court, once your agreement has been considered and determined to be a just and equitable outcome. A Court appearance is not required. Due to their final and binding nature, these Orders can be tricky to draft but we do them all the time and we know how to get them right. Plus, if you want to include an Order for some of your superannuation to be split, there are certain steps that must be taken to make this happen.
Financial Agreements
The only other way that you can finalise your property settlement agreement is through a Financial Agreement.
This is a private contract between you and your ex-partner that must be prepared and executed in accordance with strict statutory guidelines. For example, unlike Consent Orders, both parties must have their own independent legal advice, preferably from an experienced Family Lawyer.
These Agreements can be drawn up before you live together (often called a Pre-Nup), during your relationship or after you separate. We can draft these documents and we can review them, if you are presented with one. We can provide a fixed fee quote to do this for you.
Dispute Resolution or Mediation
If you are unable to reach an agreement with your former partner, we recommend mediation in most cases. We can work with you to determine all the steps before you get to mediation, including putting you in touch with a suitable mediator, and we can accompany you on the day. We specialise in guiding clients to reach collaborative and respectful outcomes – one that you can live with to move on with your life without spending all your money on lawyer’s fees in the process. All our services are fixed fee, so you will know what the costs are, upfront.
Although it is a more expensive and challenging avenue, sometimes Court is necessary. We always work hard to explore all other options for settlement prior to heading to Court, but if it is the best option available we will advocate for you to the best of our ability. We work collaboratively with other parties to generate real solutions and put your best case forward; all whilst being fixed fee.
Your Support Team
We focus on keeping you out of Court so you can move on and be happy again.
