When it comes to making your agreement about how you’ll split The Pie official, you’d be looking at doing this by way of Financial Consent Orders.
The Consent Orders allow for real estate, shares and cars to be transferred without having to pay stamp duty.
There are two documents that need to be prepared, one being the Application for Consent Orders and the other being the Proposed Orders by Consent document.
These documents get lodged with the Court and the Court signs off on them—no-one goes to Court, it is simply a paperwork exercise.
We’ve made the process of preparing this paperwork simple.
You’ve the choice of:
DIY + Hold Your Hand
Do It For You
What are your options?
‘We’ll Do It For You’ (DIFY)
This is where you provide some information about your agreement split of The Pie, and we prepare the paperwork to make your agreement official.
What do you get?
- Preparation of draft Application for Consent Orders and draft Proposed Orders by Consent by an experienced family lawyer
- Covering letter to you enclosing your draft documents
- Relevant information and Court brochures
- One round of minor-moderate changes to be requested by you within 21 days of us providing to you your draft documents
What are the benefits?
- Save time, stress, energy. We’ll do the hard work.
- Engage one lawyer, reduce fees.
- Use the same lawyer as your partner, with the scope of our work limited to preparing your agreement paperwork.
If you’re time poor, already feel overwhelmed and have the funds, then this would probably be the most suitable option for you.
If you’re Pie is fairly simple (ie. there are no complex trust, business or company structures, there is only 1-2 items of real estate), and you’re prepared to do more of the leg work yourselves, then DIY and Hold Your Hand service may suit you.
‘Do It Yourself’ (DIY)
Application for Consent Orders
Prepare your own draft Application for Consent Orders.
- You can register for an account with the Commonwealth Courts and complete the form online. Clickhere to get started. Watch this quick how-to video on setting up an account with the Court’s portal.
- Alternatively, you can complete the questions in our online form to receive a hardcopy draft of the Application for Consent Orders. Click here to get started.
- Create your own draft Proposed Orders by Consent document. Simply answer some questions about your agreement. Click here to get started.
‘Hold Your Hand’ (HYH)
With our HYH option:
- Send us your draft Proposed Orders by Consent and Application for Consent Orders documents via email.
- We’ll review and amend your draft documents as appropriate to help ensure that they’ve the best possible change of being signed off on by the Court first time around. Send us a short dot point email about any ‘quirky’ parts to your agreement that haven’t been covered in the drafts.
What do you get?
- Review of your draft Application for Consent Orders and Proposed Orders by Consent by an experienced family lawyer
- One round of minor-moderate changes to be requested by you within 21 days of us providing to you your revised documents
- Suggested instructions on how to finalise (as applicable), sign and submit to the Court for consideration.
- Cover letter to you both enclosing your reviewed agreement paperwork, together with relevant information and resources.
What are the benefits?
- The legal separation process is made simple for you
- Experience the legal separation process in a transparent way, with your partner together
- Use lawyer; reduce fees. The work we do is limited to review of your draft agreement paperwork (no legal advice if engaged jointly).
Essentially, you’ll be able to proceed with submitting your agreement paperwork to the Court feeling confident that it will be accepted first time around without issuing (assuming that our suggested steps are followed).
For the more ‘complex’ agreements or where there are two properties, you’ll need to get in contact with us.