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.

New clubhouse on course for mid-2026 completion

A club that has operated out of two shipping containers for more than decade is set to have a new clubhouse built on time More

Family entertainment centre up for sale

The Sunshine Coast’s largest indoor family entertainment and adventure centre is up for sale. Rush Adventureland, owned by local businessman Jim Perry, is located in More

Holiday rentals shift back to long-term market in tourist town

Almost 200 short-stay properties in a renowned tourist area have been shifted into the long-term rental market during the past two years, as the More

Palmer’s $200m splurge: top political spenders revealed

Hundreds of millions of dollars were poured into Australia's 2025 federal poll, with major parties spending nine figures across the election year. Major parties and More

B2B: Healthy cashflow should be priority

As small businesses launch into the new year, maintaining healthy cashflow will be a critical priority amid ongoing cost pressures and cautious consumer demand. The More

‘Infectious smile’: community pays tribute to ski tragedy victim

Brooke Day is being remembered for her 'infectious smile and zest for life' as the community mourns her loss after a tragic ski accident 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