If You and Your ex-Partner have Agreed about Arrangements for Your Children and Property and are ready to make your Agreement 'Legal'...
Rearrangement of family matters after a separation can often be a difficult, slow and expensive activity. It is important to get it right so the best interests of the children are covered and their future care is the best it can be. It is also important that you receive your fair proportion of the marriage property.
Often, people fall into two situations when they separate -
- The first situation is where very little is agreed upon. People disagree as to what will happen with assets like the house, money, superannuation, and debts. And they disagree about arrangements for their children. Often one person is being very unreasonable. This is a tough situation, and we can help you get through it. If this is where you are now - contact us to find out your options. We will be your experienced advisor and advocate for you. We will advise you of your responsibilities and protect your rights, and obtain the very best outcome possible for you.
- The second situation is where people have agreed to arrangements for the children and property and they just want it made 'legal'. This is the best situation to be in. If this is you, then congratulations!
This would have been hard for you, but it is a good outcome. You have established good relations for the future which is critical. if you have children, you will be closer to the emotional closure of separation and you will also keep your legal costs to a minimum. Our role as lawyer is to review the Agreement to ensure it would be Family Court approved, and then to make it 'legally binding' for you.
This is done by preparing an Application for "Consent Orders" which is filed at the Family Court. It contains details of your marriage - mainly about your children and property.
It also contains carefully drafted Orders that you wish the Court to make as you have agreed to them. The Family Court Judge/Registrar reviews the Application. If it is properly prepared, and the matters in the Family Law Act are properly taken into account - and are reflected in the drafted Orders - the Court seals the Orders. This means they become 'legally binding' for the future.
If you are in the position of being in agreement with your ex-partner please contact us to check the terms of your Agreement and to prepare the Application for Consent Orders on your behalf. If you are "very close" to full agreement - we may be able to help you complete the agreement. Example costs are below for your information.
Legal Costs are Dependent on the Complexity of your Situation and the amount of Agreement between Parties...
If you and your ex-partner are in Agreement (or are very close to Agreement) - You may be able to use our Stream-lined Service to obtain Consent Orders.
When Obtaining Consent Orders for Children or Property Matters, you can obtain:
- Consent Orders for Property (Financial) Matters - as long as the financial arrangements you both agree to are in accordance with considerations in the Family Law Act.
- Consent Orders for Parenting Matters - as long as the arrangements you both agree to are in the best interest of the children and in accordance with considerations in the Family Law Act.
When you and your ex-partner are in agreement and the agreement is sensible and reasonable, it means that your legal costs are determined only by the complexity of the situation. O'SheaDyer Solicitors will be able to prepare documentation quickly the cost to you is less.
Example Costing When Agreement has been reached and complexity is low:
1. Property Consent Orders from $3,700 plus GST + $165 Court Filing Fee
2. Parenting Consent Orders from $3,700 plus GST + $165 Court Filing Fee
3. Both Property and Parenting Consent Orders from $5,950 plus GST + $165 Court Filing Fee
If you and are in Agreement with your ex-partner, or are very close to it, your Agreement could be formalised by Consent Orders within weeks, and your legal costs minimised.
To find out more contact us on (07) 4772 5155 or fill in the form on the left of this page, or visit our Contact Us Page.