Once you have reached an agreement with your partner in relation to:
- property division;
- children and parenting; or
- both property and parenting
it is important to formalise your agreement.
In most cases we recommend you formalise your agreement by way of Family Court Consent Orders. The process is generally quick and straightforward.
The Court provides an application form for this purpose which requires certain backgtround information about the parties and their financial circumstances. Annexed to the application is a document setting out the terms of your agreement.
Once signed by both parties, the application is lodged at the Court. If it is satisfied the application is properly prepared and the agreement is just and equitable, the Court will make the orders and send a copy to each party (or their lawyers) without either party needing to appear in Court.
The advantages are:
- the agreement will be clearly documented and binding on both parties;
- if real estate is to be transferred between you and your partner, only $20 transfer duty (formerly known as stamp duty) is payable; and
Without court approval:
- transfer duty is payable at ordinary rates based on the value of the real estate transferred; and
- either party can renege on the deal.
Lawyers are not essential, but you will need time to go to the Family Court and prepare the necessary documents. Kits and applications are available from the Family Court located at 150 Terrace Road, Perth or phone 9224 8222.
Save time
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The 23-page application for consent orders (and accompanying 21-page kit) takes time to read, digest, complete, sign and lodge at the Family Court. A lawyer familiar with these documents can speed up the process considerably. A properly drafted application is more likely to be accepted by the Court without requests for further information, which are a potentially time-consuming delay.
You’ll have the security of a professionally drawn document
- Your financial separation agreement may be one of the most important and commercially significant financial transactions in your life. A competent lawyer will ensure the agreement is prepared accurately, in a manner that gives effect to your wishes and protects your interests. A poorly drafted application may not be acceptable to the Court or, worse still, may itself become a source of conflict. If your financial affairs are complex; for example, your settlement involves a business, company or family trust, you have multiple properties or mortgages or you are splitting superannuation funds, legal advice is highly recommended.
Minimise conflict
We offer a fixed price service for straightforward consent orders
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What we offer
We will:
- collect information from you at a short consultation;
- prepare a draft application for consent orders (application) in accordance with your instructions;
- prepare your affidavit in support of jurisdiction – required for de facto relationships;
- send the draft application to you and make any minor changes you may require;
- make any minor changes to the application your partner may require;
- arrange for you and your partner to sign the application;
- file the application at the Court and provide you with a copy of the Court orders once we receive them from the Court.
The above includes a reasonable allowance for correspondence and telephone calls. |
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Fixed price
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Things you should know
What to bring to the consultation
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Photographic identity document (eg passport or drivers’ licence)
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Photocopies of any relevant documents (that you can leave with us) including print-outs of emails etc organised in chronological order – earliest date first.
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A copy of your marriage certificate, if applicable.
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Details of your income, your partner’s income and any child support you pay or receive.
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A list of all assets in your name, your partner’s name or held jointly with your partner or any other person. Include real estate, motor vehicles, bank accounts, investments, business interests. Identify any assets you owned before the relationship started or acquired after you separated where applicable. Include the value of each asset.
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A list of all liabilities in your name, your partner’s name or owed jointly with your partner or any other person. Include mortgages, personal loans, credit cards, hire purchase and tax. Include the value of each liability.
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A copy of the most recent statement for each superannuation fund in your name. If you have details of your partner’s superannuation benefits, bring this also.
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A brief summary of the agreement you wish to formalise
Tips on how to get the best value out of our services
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How to find us
Initial consultations are held at our offices during business hours. Contact us for our street address, location map and details of parking arrangements. If necessary, we offer consultations after hours, at your premises or by telephone - additional charges apply.
Before the consultation
We will ask you to complete a capture sheet with your personal and business contact details and similar details for other parties involved in the matter. We need this information to maintain the integrity of our records, to protect you and the public generally against the possibility of fraud and to ensure that we do not have a conflict of interest that would preclude us from acting for you.
Additional services
The following services are not included in the fixed-price; however, if you require them, we welcome the opportunity to give you an estimate of charges at the short consultation:
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giving you written or detailed advice as to your legal position in relation to family law property matters;
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making any enquiries to verify information supplied by you or any other person as to the assets, liabilities or resources of either party or the values thereof;
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formalising agreements involving complex business or financial affairs;
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complex affidavits in support of jurisdiction;
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negotiating with your partner or his/her lawyer or making substantial changes to the application;
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attending to the formalities associated with superannuation splitting or flagging;
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answering any requests for further information issued by the Court;
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if your marriage certificate is not in English, obtaining (or assisting you to obtain) a translation and an affidavit of the translator.
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Make an appointment
Arrange an appointment now:
- use our online booking request
- or telephone 9220 4432 (1800 018 845 freecall from regional Western Australia) during business hours. If you're not booking online, you could save time at the consultation by completing our Initial Consultation Form (PDF document) and bringing it with you to the consultation.
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It’s common for consent orders to include a transfer of real estate from one party to another, often in exchange for a cash payment.
Let us take care of it for you.
We offer a fixed price service for real estate transfers under Family Court orders.
Visit - Real estate transfers