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PROPERTY SETTLEMENT

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Action For A Property Settlement

Have you made an agreement about property settlement, how to share your assets or deal with your business and debts with your separated husband, wife, or de facto? 

Many of the applications in the Family Court of Western Australia are for Consent Orders.  The cases that take up days and days of the court’s time are trial hearings, which can only occur after all other forms of appropriate dispute resolution have been attempted and have failed.

The form (form 11) that can assist a couple to get their agreement formalised is called an Application for Consent Orders and is available on the Family Court of Western Australia website.

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Couples with any complexity to their financial situation should get legal advice about their Application for Consent Orders, because making a mistake will often be more expensive than the cost of getting advice.  A Minute of Consent Orders must be included in an Application for Consent Orders, setting out the orders the parties are asking the Court to make to formalise their deal. The Minute of Consent Orders should be carefully considered and drafted.

Generally, obtaining consent Orders for the transfer of property will give the party keeping the property an advantage, because the settlement of the property by court orders will mean that only nominal stamp duty is payable when the transfer is registered with Landgate.

Is The Agreement You Want To Make With Your Husband, Wife, Or De Facto Fair?

What you think is fair might not be fair to you, or to the other party.  There is a long list of factors that the Court must take into account, when deciding if your agreement is fair, i.e., whether it is “just and equitable” (Family Law Act Section 79 Family Court Act Section 205ZG).

At Bowen Buchbinder Vilensky a comprehensive assessment of your proposed deal is likely to take up to 45 minutes of legal time that will be charged at our one-off appointment fee of $440 including GST.  If your matter requires more detailed attention than that or you would like assistance with the preparation of the court documents and negotiations with the other party, a fixed fee can be determined for that work and provided to you, which is an offer by us to complete a certain scope of work for you at a fixed cost.

FAMILY LAW LEAD

Rhonda Griffiths

HEAD OF FAMILY LAW PRACTICE

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