Separating couples do not necessarily have to go to Court in order to fairly divide their property. Whether you are married or in a de facto relationship, there are alternatives to court available. One alternative is to come to an agreement about division of property and assets by way of consent orders. If you have existing family law orders, consent orders can also be used to vary or discharge these.
Reaching an Agreement
The time and cost involved in settlement discussions will vary, depending on each party’s willingness to compromise and how they conduct themselves in negotiations. For those who don’t wish to settle in court, you can come to an agreement. Proceedings in the Family Court should be a last resort, when all other possible avenues have been exhausted. Couples can reach an agreement about the division of property in a number of ways, including:
- an informal discussion between themselves (without solicitors);
- mediation (with or without solicitors); or
- negotiation through solicitors.
After the documents are filed with the Court, a Judicial Officer will review the application to ensure that that the proposed settlement is fair.
Once the Orders are made by the Court, then the parties may take the appropriate steps to implement (enact) those Orders. Implementing consent orders can involve transferring property ownerships, the sale of properties and division of net proceeds of sales, superannuation division and much more.
In the event of settling without commencing proceedings in the Family Court, HHG Legal Group lawyers can help you come to a just and equitable agreement. Once both parties have reached an agreement, they can enter into a legally binding settlement.