Your Legal Experts In Preparing And Reviewing Financial Consent Orders

If you and your former partner have arrived at an agreement about financial orders and you want to ensure that the terms of your agreement are legally binding, then you can formalise your agreement by applying for Consent Orders. Arranging Consent Orders ensures your former partner is held to account. If you’d like assistance with preparing and reviewing your financial consent orders, Anumis Legal is here to assist you.

Consent orders can assist couples to finalise their financial relationship without the cost and emotional stress of court proceedings. There are many issues to consider when you are negotiating your fair and equitable property division.

Before you decide what to do about the division of your finances, property, and debts, it is advisable that you seek legal advice, so that you fully understand your legal rights and responsibilities. Consideration is given to the assets you brought to the relationship when your relationship started, your financial and non-financial contributions during your relationship and your future needs.

It is possible that you or your former partner may need financial support from the other in the form of spousal maintenance if you and your former partner are/ were married or de facto maintenance if you and your former partner are/ were in a de facto relationship.

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For Your Complimentary Chat

Book an appointment so that we can advise you on your options regarding your Family Law needs, call Dr John or Nadine Love on 07 5455 6347 to book your complimentary chat, now.

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What Should You Consider When You Are Preparing Consent Orders Regarding Your Property Settlement?

When you are looking to agree your financial settlement to give you and your former partner finality regarding the just and equitable division of your property, you will need to detail what assets you brought to the relationship when your relationship started, what assets and liabilities accrued during the relationship and your current position.

To help to work out what you and your former partner are entitled to, you and your former partner will be required to disclose the following as they relate to you:

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Copies of bank statements for the past 12 months

Copies of loan statements for any loans for the past 12 months.

Details along with estimates of value of any assets in your possession or control

Copies of superannuation member statements for each superannuation interest

Copies of tax returns and notices of assessment for the past three (3) financial years

If you receive a wage or salary payment, copies of your three (3) most recent payslips;

Copies of the share statements relating to any interest in a publicly listed company for the past 12 months

If you otherwise own or control a business, copies of the business activity statement for that business for the past 12 months;

A copy of any partnership deed and financial statements and tax returns for that partnership for the past three (3) financial years

A copy of the trust deed for any self-managed superannuation fund and copies of the financial statements and tax returns for the fund for the past three (3) financial years

An interest in a company which is not publicly listed, a copy of the company’s constitution, and a copy of the financial statements and tax returns for that company for the past three (3) financial years

Any interest in a trust by way of beneficiary entitlement or is a trustee or appointor, a copy of the trust deed and copies of the financial statements and tax returns for that trust for the past 12 months; documents evidencing any disposal of property in the past 12 months preceding separation or since separation

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Your Legal Champions, Ready to Fight

If you want the division of your finances and property to be formalised into Financial Orders by Consent so that they are enforceable then here are some examples of things you will need to consider:

Are you or your former partner entitled to financial support from the other in the form of Spouse maintenance?

Are you or your former partner entitled to financial support from the other in the form of De facto partner maintenance?

How are you and your former partner intending to share your financial resources, property, liabilities and superannuation?

Please note: If you or your former partner has a superannuation interest then there are special requirements. Seek legal advice.

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What Happens If Your Former Partner Breaches Your Consent Orders?

If you believe that your ex-partner has not complied with your Consent Orders, you should seek legal advice. You can attend family dispute resolution or apply to the Court. However, the law on enforcement is complex and it is advisable for you to get advice before you approach the Court to enforce your Order. You can find the rules that apply to the enforcement of your financial orders under Part 11.1 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.

There are four types of enforcement orders the Court can make:

  1. An order appointing a receiver.
  2. An order for sequestration of property.
  3. An order for seizure and sale of property, which is generally done under an Enforcement Warrant.
  4. An order for the attachments of debts and earnings, which is generally done under a Third-Party Debt Notice.

The first step to take if you are seeking to enforce a financial order is to obtain information about the person who has failed to pay the money. You can do one of the following to obtain the payer’s disclosure:

  1. You can give the payer written notice to provide a financial statement within 14 days.
  2. You can apply to the Court for an Order requiring the payer to provide a financial statement within 14 days and/or produce documents or disclose information about the payer’s situation.

If you provide the payer a notice for a Financial Statement and the payer does not produce the Financial Statement, or the payer choses not to comply with an order to disclose information or provide documents, then the payer commits an offence of strict liability that attracts a penalty of 50 penalty units.

While you do not have to have legal representation before taking action to enforce orders, family law is complicated and getting legal advice will help you to better understand your responsibilities and your rights.

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Anumis Legal 7 Step Process To Getting Your Financial Orders By Consent Done

Do You Also Need Assistance Drafting Parenting Consent Orders?

If you and your ex-partner have children between you, you can also seek Parenting Orders by Consent to formalise the arrangements you have agreed on regarding care of your children. To ensure that your agreement is enforceable and legally binding (as long as there are no Court proceedings on foot) you can formalise your parenting agreement by applying for consent orders.

When a Court decides whether your Consent Orders for Parenting will be approved, the Court considers the best interests of the children. Consent Orders can also be used to discharge or change existing family law orders. Check out our consent order page today to learn more about how the law applies to your situation, how to complete the forms and lodge your Parenting Consent Orders correctly!

What is Property?

Property includes cash, personal property (such as cars, furniture, and jewellery) shares, real property (such as houses, land or other buildings). It also includes debts owed, superannuation, interests in businesses and trusts and property within Australia and overseas.

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Our Anumis Legal Family Law Team

We will explain your rights and help you to move forward. Call Nadine Love or Dr John Cronin on 07 5455 6347 or email admin@anumis.com.au for your complimentary chat and with our Noosa Marina Family Lawyers!

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Meet Our Legal Team

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Dr John Cronin

Dr John Cronin holds a Master’s Degree in Business Management, a PHD in socially responsible investment, and is pursuing a further PHD in superannuation law. In his earlier engineering career, he led numerous large-scale equipment design and infrastructure development projects. A former financial and investment advisor, Dr John has a wealth of experience across banking, finance, and investment.

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Nadine Love

Nadine Love specialises in Family Law from the perspective that legal processes can and must promote wellbeing. Therapeutic Jurisprudence informs her compassionate, practical, respectful provision of legal services. In her pre-law career, Nadine devoted decades to working with groups and individuals as a therapist, mentor, trainer, and author to assist her clients to find clarity, confidence, and voice. Nadine holds a Master of Arts in Dramatherapy. In 2020, Nadine was awarded the NSW Bar Association Prize for Civil Litigation and Evidence.

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