Sunday 31 August 2014

Property Settlement by Agreement

We have reached agreement what now?

There are of course plenty of people who are able to agree about their division of property (house, furniture, cash etc.) and never need to see a lawyer. As a lawyer we would never hear about such cases.

If you fall into this category, congratulations.

Reaching agreement however is only the first step.

It can pay to still formalize your agreement. The most cost effective way for you to do this is by way of Application for consent orders and Minute of Order.

Both these documents can be found at the Family Court Web Site.

They look daunting, but are effective and best of all you do not need to see a lawyer. The two of you can do it by yourself.

The other way people often talk of formalizing their agreement is by way of binding financial agreement. This way though both of you will need to obtain independent legal advice, which will be costly.

Both the consent order form and the minute of order will be filed with the court and final property orders will be made. You can use this form for children orders as well.

For financial orders you need to fill in your financial situation now, not at separation.

In our next posts we will look at filling out the form in more detail.

In the meantime you can follow these links to have a look at both documents:


and



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