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.

Billions locked in for Games as Coast venues move ahead

A deal locking in billions for the 2032 Olympic and Paralympic Games has been struck between Queensland and the federal government, aimed at giving More

B2B: First-home buyer support continues in Queensland

From July 1, first-home buyers in Queensland can still access valuable support to help them enter the property market. The First Home Owner Grant of More

‘On notice’: crackdown on illegal camping resumes

Dozens of fines have been issued in a weekend blitz on illegal camping, following a surge in community complaints. More than 30 illegal campers received More

‘Dangerous and inadequate’: main road rattles locals

A Sunshine Coast road originally built from logs a century ago is not much better now, according to a community group. Yandina-Coolum Road, which runs More

$8.5m waterfront home could make way for new mansion

A waterfront home on an exclusive island could be demolished to make way for a sprawling new mansion, after a development application was lodged More

Long-running beachside retailer listed for sale

A well-known beachside homewares and fashion store has been listed for sale after two decades of trade. Otilly and Lewis at Peregian Beach, known for 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 hidden when viewing the form
This field is for validation purposes and should be left unchanged.
[scn_go_back_button] Return Home
Share