Settling your matter by consent saves you time, significantly reduces your legal costs, and avoids the need for lengthy and stressful Family Court proceedings.
Have you and your former partner reached an agreement about property settlement and/or parenting matters? Read this blog post to find out how we can help you obtain consent orders.
Our goal is to help you reach an agreement with your former partner, so you can both move on to the next phase of your lives, in the quickest and most cost effective way possible.
How We Can Help You
We strongly encourage you to obtain legal advice as early as possible in the negotiation process, so you can find out where you stand, what court orders are possible, what a fair outcome would look like, and the process involved in reaching a settlement.
If you and your former partner have reached an agreement about property settlement and/or parenting matters, we can prepare the Form 11 Application for Consent Orders ("Form 11 application") that is signed by both of you and filed in the Family Court. The Form 11 application can be downloaded from the Family Court of WA website. Along with the application form itself you will also need to file a Minute of Orders Sought. We can help you by preparing both the Form 11 application and the Minute of Orders Sought.
The Family Court will review the Form 11 application and make the orders by consent, provided that the documents are all in order and the court finds that the orders for property settlement are just and equitable in the circumstances, and/or the parenting orders are in the best interests of the child/ren. You will then have binding and enforceable court orders.
You will need court orders to transfer property from one party to the other, or from joint names to one of the parties, so that only nominal stamp duty is payable.
We can help you to obtain superannuation splitting orders.
If you are presented with a Form 11 application to sign by your former partner, or by their lawyer, we can help you to make sure that the documents are all correct and in order, that there is nothing important left out in the documents, and provide you with legal advice about whether the agreement is fair.
For more information about consent orders, our costs, or to make an appointment, please contact us on (08) 9364 9915 or 0474 458 340.