Understanding Consent Orders and Property Settlements: A Guide for Canberra Residents

If you and your ex-partner come to an agreement about how to divide your assets and debts after separating, you can turn that into what are called ‘consent orders’. When your orders divide your assets and debts, it’s referred to as a ‘property settlement’.

To have consent orders issued, you must first reach an agreement with your ex-partner. You can’t obtain consent orders for a property settlement unless you both agree. Both of you must sign the documents before they are lodged with the Court. Consent Orders have the same legal effect as orders issued by the Court after a contested hearing. They are equally legally binding and enforceable. The only difference is that you have input and agreement on what the orders stipulate.

Consent Orders for a property settlement

Orders issued by the Court after a contested hearing are not issued ‘by consent’. They are mandated by a judge following a hearing. The Court will not write your consent orders for you. You must submit your own properly drafted proposed consent orders, outlining precisely what will occur in detail. It’s best to have a knowledgeable family law professional draft your orders for you, as they will understand what to include and how to do so. They will not omit anything and will not include anything that may be unclear or leave unanswered questions in the future.

Some individuals may not wish to formalize their property settlement and obtain consent orders, but there are reasons they should. For instance, if you want to transfer a property from joint names to one person’s name, consent orders will allow you to do so without incurring stamp duty. If you want to obtain orders that divide superannuation so that one person receives a portion of the other’s super, that should also be done via property settlement consent orders

Consent Orders Canberra