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Separation, property division and court ordered consent orders

Family law property division consent orders

Separation is a difficult time and having to deal with property and asset division can add to the stress. However dividing property following the breakdown of either a marriage or de facto relationship is a step that needs to be taken. Most of the time separated couples discuss and settle disputes between them through compromise and negotiation, avoiding lengthy and costly legal disputes in Court.

If parties have reached some or all agreement with regards to a property settlement, this agreement can be formalised via what is called an “Application for consent orders” with the Family Court without either party being required to actually attend Court.

The role of the lawyer is to assess whether the court is likely to approve the agreement, to then prepare the necessary paperwork, draft the actual court orders and file the documents with the court and orders are made without anyone having to go to court.

As these are legal documents and must cover off on certain legal requirements for the court to approve them, it is recommended that a lawyer draft them to ensure your assets and rights are protected. The point is to get it right the first time so there are no disputes or disagreements in the future. Protecting assets that have taken years to build is important and you want court orders that will divide those assets legally, fairly and in a way that protects you without wasting money and time on lengthy legal battles.

At Zenith lawyers we can assist you with the preparation and review of both simple and complex Applications for Consent Orders and do it all at a fixed price disclosed up front for your peace of mind. As always, please call us on 1300 936 529 for an obligation free chat to see how we can help you.