Call us on

Home >

Finalising the Deal

Finalising the Deal

  • It is important to finalise and document most arrangements post separation.
  • In relation to parenting matters, this can be done by way of a Parenting Plan or Parenting Orders. Although, if parties are cooperative and coparent well, then they may not need Orders or Plans in place.
  • In relation to property settlement, it is usually advisable in most cases to have a Property Settlement Order approved by the Court by consent, or alternatively enter into a Binding Financial Agreement by consent post separation.
  • Typically, the parties will document their agreed financial arrangements by way of a Consent Order. This involves the filling out of an Application for approval of the Orders, together with a Minute of the Order setting out the terms of the agreed property settlement.
  • The Consent Order and Application for those Orders are then lodged in Court and a Registrar of the Court will usually consider that Order and if they consider it to be just and equitable, they will stamp and approve the Order.
  • Upon a sealed Order issuing, the parties will then be able to transfer assets and take advantage of Stamp Duty and Capital Gains Tax concessions, although legal advice should be sought from a specialist family lawyer in relation to these matters.
  • The reasons for entering into a Consent Order post-separation are many, but include the following:
    • To provide certainty and finality in relation to financial relationships for property settlement between you and your former partner;
    • There are only limited grounds to set aside these Orders in future, and it is highly unlikely the Orders can be set aside, and that your deal is therefore a watertight deal.
    • It allows you both to move on with your life financially and to build up other assets, without the fear of those assets being identified and valued in some future property dispute with your spouse.
  • It is always best to do property settlement deals sooner, rather than later after separation, because the Court always takes into account current property and its value at the current date, rather than just what existed at separation;
  • It is necessary for both parties to have independent legal advice if your consent arrangement is via a Binding Financial Agreement. If your consent arrangement is via a Consent Order, then both parties do not need independent legal advice, but it is strongly recommended that both parties do obtain independent legal advice before entering into such Orders.

How to choose the right lawyer for you

We Only Send You Awesome Stuff =)

Privacy Policy

The Privacy Statement of the Company is incorporated into these Terms and Conditions. The Company respects the privacy of all its customers and business contacts. The Company is subject to the requirements of the National Privacy Principles which are contained in the Privacy Act.

1. How is personal information collected?
Your name, email address and phone number are collected on the contact form to allow the Company to contact you.
If you email or phone the Company directly, then the Company may record your personal details.
Your personal information may be used to:
a) Improve service to you, the customer
b) The Company may use personal information about you for marketing and research purposes. If you do not wish this to occur, please contact us and we will ensure this does not occur
c) Your personal information is not disclosed to any organisation outside of the Company.

2. Will personal information be given to anyone else?
The Company does not sell or provide your personal information to any other company.

3. Security of personal information
The Company employees are required, as a condition of their employment, to treat personal information held by the Company as confidential, and to maintain the confidentiality of that personal information.
The Company protects the personal information it collects in a secure database.

4. Access and correction
You can access your data at any time by contacting the Company directly.
You also have the right to ask us to correct information about you which is inaccurate, incomplete or out of date.
We ask you to contact the Company by email or phone using the Company contact details if you wish to access or correct any of your personal details.

5. Online privacy issues
To the extent that this Privacy Policy applies to online privacy issues, it is to be read as forming part of the terms of use for our website. When you deal with the Company whether online or otherwise, the Company takes its privacy obligations seriously.

6. Additional privacy information and how to contact the Company
The Company may change its Privacy Policy at any time.

For further information about privacy issues and the protection of privacy visit the Australian Federal Privacy Commissioner’s website at If you feel that The Company is not complying with this Privacy Policy, or if you have other privacy concerns, please contact the company.