Under the Family Law Act, the Court will not make property settlement orders unless the proposed orders are ‘just and equitable’. The Court will consider contributions made by the parties to the relationship and property pool, such as:- Financial contributions (for example, income earned from work or lump sums received by a party) Non-financial contributions […]
READ MOREWhat is a de facto relationship?
For the purposes of property settlement under the Family Law Act, a person is in a de facto relationship with another person if they have a relationship as a couple living together on a genuine domestic basis. This includes opposite and same sex couples. The Court must be satisfied of at least one of the […]
READ MOREWhat are Property Settlement Consent Orders?
When separated couples reach an agreement about dividing property they can apply to the Family Court of Australia for Consent Orders to formalise their property settlement. You do not actually have to go to Court to make an application for Consent Orders. When the Court makes Consent Orders for property settlement, the settlement becomes legally […]
READ MOREHow much does it cost?
Our fixed fee for personalised draft Property Settlement Consent Orders start from just $249 and includes: Step-by-step Property Settlement eGuide Personalised draft Property Settlement Consent Minutes Application for Consent Orders form Can include superannuation splitting orders and details on how to effect the orders Fee exemption application Court information brochure Marriage, Families & Separation Help […]
READ MOREAre there any hidden fees or charges?
Our fee is fixed at $249 for simple property settlements and $349 for property settlements that include superannuation splitting orders. We do not have any hidden fees or charges. The Court will charge a filing fee of $195 to lodge your application. We can assist you to seek a fee exemption which will reduce the […]
READ MOREWhen can I apply for Property Settlement Consent Orders?
You can apply for Property Settlement Consent Orders any time after separation, however it is important to realise there are time limits within which you must apply, so don’t leave it too long. For married couples, they must finalise their property settlement within 12 months of the date of divorce. For de facto couples, they […]
READ MOREWhich Court do I apply to?
There are several Courts that exercise Family Law jurisdiction. Lodging your application with the wrong Court can result in delays or your application being refused. You should lodge your application for Property Settlement Consent Orders with the Federal Circuit and Family Court of Australia.
READ MORECan I get an exemption from paying the Court fee?
Yes. We can assist you to seek a fee exemption which would reduce the $195 Court fee to nil if eligible.
READ MORECan de facto couples apply for Property Settlement Consent Orders?
Yes. De facto couples can apply to the Family Court for legally binding property settlement. It is important to realise there are time limits within which de facto couples must apply, so don’t leave it too long. There is a 2-year time limit from the date of separation for de facto couples to apply to […]
READ MOREAre Consent Orders legally binding?
Yes, Consent Orders are made in the Family Courts by a Judge or Registrar and are legally binding on the parties.
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