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.

Global interest builds for new hinterland offering

A newly built luxury hinterland estate is drawing international attention. The sprawling 49-acre property at Montville has attracted inquiries from overseas buyers, interstate house hunters More

Developments fuelling rise in injured wildlife, say rescuers

Wildlife rescuers on the Sunshine Coast have reported a surge in injured and displaced animals as housing development spreads across the region. Susanne Scheuter and More

Student rock band wins national prize

A Sunshine Coast student rock band has blasted its way to a coveted prize worth $100,000. The Spice Boyz, from Siena Catholic College, claimed first More

Council to decide on sale of land for affordable housing

Sunshine Coast councillors are set to decide whether to sell a key parcel of council-owned land in Nambour to a community housing provider, in More

Early works start on train station near planned tunnel

Preliminary works are underway on a train station in Sunshine Coast suburbia. Site investigations have started for the planned Aroona Station, beside the Parklands shopping More

Beverage brand now worth $22m after humble start

A Sunshine Coast company that is now exporting coconut water to more than 15 countries after starting out selling from the boot of a 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