When two people decide to end their relationship, there are many practical issues to discuss, with joint assets that must be divided in some way, including real estate, vehicles and other tangible assets that the couple may have acquired over the years. On top of that, if there are children involved, provisions must be taken to ensure their security and well-being, which would include agreements over custody and visitation, along with continued financial support.
Coming to an Amicable Agreement
This is often the hardest part of the separation, and until you have sat down and agreed in principal all aspects of the separation, there is little point in going any further. A financial settlement might include a portion of one party’s superannuation, which is permitted, and there are no restrictions regarding the percentage agreed, as long as both parties consent. When you have both come to an agreement, the next step is to enlist the services of an experienced family lawyer, who would draft the consent orders, which would be submitted to the Family Court after your approval.
If, for example, you want to see a few sample consent orders, search online for a family lawyer, who would have samples you can read. Once you have read a few sample consent orders, you will have a clearer picture of what is involved and how things are worded. As an example, there might be a clause that states one party will pay the other party an agreed sum of money by a specified date, then the family home can be transferred to a single name.
Virtual Legal Services
Due to the current Covid-19 pandemic, you can actually arrange to have the consent orders drawn up by a lawyer without having to visit their offices. The lawyer would be happy to discuss the matter in a video call, and prior to that, you can upload your agreement and the legal expert would read this before having a virtual meeting with you. Once the lawyer has read the files and had a discussion with you, this is all the information they need to draw up the consent orders, and for a fixed fee, the lawyer will draw up and seek court approval of the consent orders, which can be done without your presence in court.
The reason people prefer to create consent orders is that it is a legally binding agreement that cannot be altered, and with a high degree of finality, you and your ex-partner can move on with your life.
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