Consent Orders

Wilson Haynes Solicitors are experienced family lawyers specialising in consent orders after separation.

In most cases, we can offer a fixed-fee service, so our clients know upfront exactly what will be delivered and for what price.

 

Once the parties have reached agreement regarding their property settlement and possibly the care arrangement for their children, these should be formalised by filing the terms of the agreement in the court.

If the court determines that the proposed settlement is just and equitable in the circumstances and/or in the best interests of the children, the court will approve the orders and they will become legally binding and enforceable against the other party. On the other hand, if the court is not satisfied that the terms of settlement are fair and reasonable, the parties will likely need to vary the terms of their agreement.

IMPORTANT NOTE: Any private settlement agreement will be unenforceable, unless the parties formalise the settlement by filing consent orders in the court or entering into a binding financial agreement.

The court can approve consent orders that deal with a broad range of issues, including:

  1. Distribution of assets, liabilities and financial resources;
  2. Superannuation entitlements;
  3. Spousal maintenance;
  4. Management of corporate entities, trusts and partnerships; and
  5. Inheritances, compensation payments and other windfalls.

DO NOT MISS OUT ON STAMP DUTY EXEMPTIONS: Property transfers made under consent orders will be exempt from the payment of stamp duty. A transfer of NSW property worth
$1 million from one spouse to another pursuant to consent orders (or binding financial agreement) would result in a duty saving of $40,510.00.

Recently separated or thinking about separating? Make sure you understand your rights, entitlements and obligations.

Contact Sean Powell now to take advantage of our 40 minute cost-free initial consultation.

Can’t make it into the office? We are flexible and can make other arrangements that suit you

Sean can be contacted on:

Direct line:          07 5536 3055 ext 3

Office line:          07 5536 3055 ext 1

Email:                   spowell@wilsonhayneslaw.com.au

Cost Free Initial Consultation

If you are interested in knowing more about how we might be able to assist you, please call
07 5536 3055 to make a cost free initial, 40 minute consultation with our Principal, Mr Jim Wilson.