100% Locally Owned, Independent and Free

100% Locally Owned, Independent and Free

We’ve separated and reached an agreement over assets, now what? Rebecca Simpson explains

Do you have a news tip? Click here to send to our news team.

Rider’s highway stunt in clear view of police

A motorbike rider has been fined and had his licence suspended after he performed a wheelie, unknowingly in front of police. A patrol officer witnessed More

Woman airlifted with serious injuries after on-ramp rollover

A woman has sustained serious head injuries after a single-vehicle traffic crash in Maroochydore last night. Police investigations indicate about 11.35pm a black International Scout More

Fruit business of 40 years urges support for locals

A Sunshine Coast-based fruit processing company is urging people to support local, as a growing influx of cheap imported juices and purees places pressure More

Stricken boats, giant hail and vivid lightning amid storms

Some Sunshine Coast residents are picking up the pieces after a weekend of wild weather, amid predictions of one more round of storms. Boats drifted More

Vigil for much-loved victim of lightning strike

A candlelit vigil is being held tonight for a beloved Noosa Lions Football Club member who was fatally struck by lightning last Thursday. Finley Bone More

New hospital to support range of surgical specialties

A new hospital with three state-of-the-art operating theatres is set to open next year. Cura Day Hospitals Group will launch its latest facility, at the More

We often meet with clients who tell us they have reached an agreement with their ex regarding assets, and they simply want this documented.

As straight forward as it sounds, this is not always doable.

When separated parties reach an agreement, this is documented and formalised, by way of a Consent Order and an accompanying Application, which is sent to the Federal Circuit and Family Court of Australia.

The Application and Orders must be approved and made by the Court for the agreement to be legally binding.

A significant area of consideration is deciding whether or not the agreement is ‘just and equitable’.

The Registrar will identify the assets and liabilities and consider the contributions made by each party and what their future needs are.

They will then decide whether the agreement is just and equitable.

If one party is receiving a significant percentage of the property pool without explanation, the Court may refuse to make the Orders on the basis that the agreement is not just and equitable.

Rebecca Simpson

If you have reached an agreement and are unsure how it should be documented, seek legal advice.

Rebecca Simpson is a senior associate at Catton & Tondelstrand Lawyers and specialises in all aspects of family law, including both property and complex parenting matters, domestic violence, and child protection matters.

 

Subscribe to SCN’s free daily news email

This field is for validation purposes and should be left unchanged.
This field is hidden when viewing the form
[scn_go_back_button] Return Home
Share