In our last post we briefly touched on those fortunate people who manage to agree how to divide up their property and are simply looking for a way to finalise this.
It was suggested that the best way for this to occur is to use the form titled Application for Consent Orders together with the minute of order, both of which can be found on the family court web site.
The application form can be somewhat daunting with its 38 pages, but do not fear, it is not that complicated.
The first part is all about providing some information about you and your ex spouse. Basic information including date of birth (of you and your ex spouse), date you started living together as well as date of marriage (if applicable) and date of separation.
Other information you need to disclose is if there are currently other proceedings afoot in relation to family violence, information about any current orders and if either of you or your spouse are bankrupt (to name but a few of the questions).
Once you have completed this part of the form you make your way to part H, where you will need to provide information about income, assets, liabilities and superannuation.
As far as income is concerned you do not need to include any centreline payments. Income is purely what you receive pursuant to a wage.
Under property you and your ex spouse need to set out your current assets. By current assets the form means assets you each own now together or separate. If you are using this form some years after separation and have purchased property in your sole name this will need to be included.
If you own the family home together as joint tenants, you will each own it 50%. Do not set out the assets in this part pursuant to any agreement you have reached. For example, if your ex spouse is to receive the former matrimonial home do not list it just under your ex spouse but as the two of you owning it.
Similarly, if an asset is owned on paper in the name of the other person (the one not receiving it), you will need to list it though as if it was an assets of the person whose name it is legally registered in.
Take care with this section as you a duty to the court and to your ex spouse to comply with full and frank disclosure about your financial situation. Not listing an asset can be a costly mistake if your ex spouse finds out later and decides to have the orders set aside for lack of disclosure.
In our next post we will look at listing current liabilities and superannuation interests.
In the meantime you can find the do it yourself kit by clicking not his link:
http://www.familylawcourts.gov.au/wps/wcm/resources/file/eb7d904c3b27c0b/AppConsentOrders_Kit_070612_V1.pdf
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