When a relationship between two people has irrevocably broken down and they wish to separate and move on with their lives, the couple will come to an agreement over joint assets and child care, if they have children. A consent order is such an agreement that is presented to the Family Court, and the legal process makes the agreement legally binding, and this is the best way for two people to divide their assets without incurring huge legal bills that come with disputes.
The Importance of a Good Family Lawyer
When looking to come to an official agreement with an ex-partner, consent orders are the domain of the family lawyer, who is fully conversant with protocol and procedure, and with a simple online search, you can be discussing your circumstances with an experienced legal expert.
Set in Stone
The good thing about consent orders is that the agreement is set in stone and cannot be amended by either party, which gives you the certainty you need to move on with your life. If you and your ex-partner are in agreement regarding the division of assets and child care, then you should talk to a family lawyer, who can guide you through the consent order process, and for a fixed fee, the lawyer will handle everything and you do not have to go to the Family Court.
Avoid Paying Stamp Duty
If you and your partner have come to an agreement over the family home and you transfer ownership from both to a single owner, there are stamp duty implications and the tax would have to be paid on the 50% value that was transferred from the other. If you take out a consent order, stamp duty is not levied, so for this reason, if you are transferring property ownership, you should take out a consent order.
It is often the case where one party wishes to include a portion of their superannuation, and the family lawyer can assist you in making this a part of the asset agreement, and this is often the best solution for both parties.
Fast, Affordable & Permanent
No matter how difficult it was to finally come to an agreement, once you do, it makes sense to take steps to make this a legally binding agreement that cannot be changed by either party, which allows you to move forward with a level of certainty.