Hillwest Legal prepares property consent order applications for clients across the Hills District and Greater Western Sydney. Property consent orders are court orders that formalise the agreed division of assets, liabilities and financial resources after separation. They are made by the Federal Circuit and Family Court of Australia (FCFCOA) and carry the full force of a court order meaning they can be enforced if one party doesn't comply.
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How property consent orders work
- Agree on the division. Both parties must agree on how assets and liabilities will be divided. This may be reached through direct negotiation, mediation, or through solicitors.
- Financial disclosure. Both parties provide full and frank disclosure of their financial positions assets, liabilities, superannuation, income and financial resources. We prepare a Statement of Financial Circumstances for each party.
- Draft the proposed orders. We prepare the proposed property orders, specifying exactly what happens to each asset whether the home is sold or transferred, how bank accounts and investments are divided, what happens to debts, and how superannuation is split.
- Prepare and file the application. We draft the Application for Consent Orders, attach the proposed orders and supporting documents, and file with the FCFCOA.
- Court review. A judicial officer reviews the proposed orders on the papers (no hearing required in most cases). The court must be satisfied the orders are "just and equitable" before making them.
- Orders are made and implemented. Once the court makes the orders, we assist with implementation including property transfers, sales, superannuation splits, and any other steps required.
What property consent orders typically cover
The family home. Whether it's sold and the proceeds divided, transferred to one party, or retained by one party with the other compensated from different assets.
Other real property. Investment properties, vacant land, or commercial property.
Bank accounts and savings. Division of joint and individual accounts, term deposits, and other cash assets.
Investments. Shares, managed funds, cryptocurrency and other investments.
Debts and liabilities. Mortgages, personal loans, credit card debts, and tax liabilities.
Superannuation. Superannuation splitting is often a significant component of property consent orders.
Vehicles, business interests, and other assets. Anything of value that forms part of the asset pool.
Spousal maintenance. Where appropriate, consent orders can include provisions for ongoing or lump-sum spousal maintenance.
Stamp duty exemption for property transfers
One of the practical advantages of property consent orders over a binding financial agreement is the stamp duty treatment. In NSW, property transfers made pursuant to a family law court order are generally exempt from transfer duty. For a property in the Hills District where median house prices are significant this exemption can save tens of thousands of dollars. This is often a decisive factor in choosing consent orders over a BFA.
Property consent orders fees
Fees depend on the complexity of the asset pool. A straightforward matter with a single property, some savings and superannuation will cost less than a complex matter involving multiple properties, businesses and trusts. We provide a clear quote after the initial consultation. The court filing fee is additional.
Frequently asked questions about property consent orders
Related services
- Parenting consent orders Deal with children at the same time.
- Superannuation splitting Include super in the orders.
- Property transfer We handle the conveyancing to implement the orders.
- Separation agreements Private BFA alternative.
The information on this page is general in nature and does not constitute legal advice. For advice specific to your circumstances, please contact us directly.