Common mistakes with Consent Orders?

There are many reasons why the Court may reject your Application for Consent Orders, so before lodging it with the Court, you should make sure of the following:

You have not recorded all assets and liabilities correctly, including their legal ownership and the value of each person's share. Pay attention to the instructions written at the top of each Part of the Application for Consent Orders and follow the instructions exactly.

You have not lodged all the necessary documents with the Court, such as copies of any existing court orders relating to family law and evidence of registration of a de facto relationship.

If your agreement includes a superannuation split, then you must lodge the following documents:

• The letter you sent to the Super Fund to notify them of the proposed superannuation splitting orders;

• The letter in response from the Super Fund to confirm there is no objection to the superannuation split; and

• A statement or screenshot of the current balance of the Super Fund from which the superannuation entitlements are being split, or if it is a Defined Benefit Super Fund, then an independent valuation report.

The Minutes of Consent Orders are poorly worded, inadequate or do not end the financial relationship between you and your former partner. The orders must be comprehensive and deal with all the assets and liabilities of you and your former partner. The orders should be worded correctly to place obligations on you and your former partner to do all necessary things and sign all necessary documents.

The overall percentage division is not just and equitable. This means that the the agreement you reached with your former partner is too favorable to you or to them. If you are not sure whether your agreement will be considered just and equitable, then seek legal advice from an experienced family lawyer before lodging your Application for Consent Orders.

You have not provided enough information for the Registrar to determine if your agreement is just and equitable. You must include a summary of the facts relevant to property settlement according to the Family Law Act: the financial and non-financial contributions made by you and by your former partner, and the current and future circumstances of you and your former partner, such as your age, health, income earning capacity, the care arrangements for any children and access to any financial resources.