For many separating couples, the division of assets and liabilities may be undisputed. It might be the case that there are no joint assets and you have agreed to keep everything in your individual names. At this point in time, contacting a family lawyer might not have even crossed your mind.

However, formalising your agreement by way of an Application for Consent Orders to the Federal Circuit and Family Court of Australia is the best way to protect yourself and ensure that your agreement is enforceable.

You should always get advice from the best family lawyers in Sydney. Barker Evans provides expert family law advice, and we are located in the heart of Sydney CBD. We have considerable experience guiding the grandparents of children through Family Law proceedings.

By filing an Application for Consent Orders in a property settlement, the Court pursuant to section 81 of the Family Law Act 1975 (Cth) are making Orders which determine your rights to seek any alteration of property interests under the family law jurisdiction on a final basis, meaning that you are protected from any future claims or proceedings.

In the unfortunate event your former partner fails to comply with the Orders made by the Court; for example, by signing a particular document to enact the transfer of property, we are able to enforce the Orders by making an Enforcement Application to the Court. Whereas, if you and your former partner only reached an oral agreement, the Court would be unable to enforce this.

Not only does the formalisation of your agreement make it watertight, but it also comes with other benefits. For example, an Order of the Court acts as an exemption for transfer duty (stamp duty) for real property and motor vehicles.

If you have reached an agreement and you need advice from an expert family lawyer, please do not hesitate to contact us for a free 15-minute consultation on (02) 8379 1892 or info@barkerevans.com.au.