Low Fixed Price Consent Orders
& Binding Financial Agreements

​If you've reached agreement on a settlement deal with your former partner, you need to record your understanding in a legally binding document.

Maybe your wealth is tied up in a house or super or investments. And maybe you even have a verbal agreement. But you quite rightly can't just release that wealth between you without total certainty that your "deal" is real - and final - and can't be overturned later.

Proper legal documents give you both certainty and protection for the future. Without a legally binding agreement, one of you could change your mind in the future and seek more money from the other - maybe encouraged to do so by a new partner who's not even on the scene yet.

  

Even If You're Amicable, You Still Need Formality

Separating couples need finality, which means proper financial separation.  You might carry on for a few months after separation with your financial affairs still entangled, but that simply can't last. Unless you formalise who will keep what, your financial life remains in limbo. 

And until an agreement is properly documented under rules laid down in the The Family Law Act, it’s simply not binding.

​No, you can't just write something up and sign it. Just signing a contract, even one witnessed by a JP, has no legal effect at all. 

Formal legal documents are also required if your intended deal involves a superannuation transfer between you. In most cases, they allow property transfers between you to be stamp duty exempt. And banks usually require formal documents before they approve a re-finance.

  

Two Types Of Agreement

There are only two forms of formal agreements for financial settlements. One is called Consent Orders and the other is called a Binding Financial Agreement.

Consent Orders are usually the preferred option.  But not all "deals" that couples come up with are suitable for Consent Orders. Sometimes a BFA is better.  If you want to read more about why, click here to learn more.

Once we see the details of your proposed arrangements, we can recommend which way to go.

You Probably Should Get Help

​Some people consider writing up formal documents themselves.

But not many.  Preparing an Application for Consent Orders or a Binding Financial Agreement is not simple. 

Just the Form itself for an Application for Consent Orders is 76 sections long and there are other complex documents required also. Frankly, it can be a real pain to complete.

And even when a separating couple think they've agreed on terms, they often end up bickering as they go through the documentation. Some people hate having to deal with their ex all over again.  Sometimes their "deal" falls apart. 

If they submit an Application for Consent Orders and it has mistakes, then it'll most likely be rejected, so they have to start over. 

  

We Can Make It Happen

At Divorce Partners we help hundreds of couples with preparation of formal binding documents for their financial settlements.

Here's why you should ask us to help you, too:

• Experience matters: we deal with separating couples with a vast variety of facts, and deals...  "we've seen it all". 
• Because we work for both parties, we can quickly liaise between you (with our best diplomatic hat on) to sort out any niggles.
• We charge low, fixed fees - none of that "charge-by-the-hour" nonsense.
• We do everything by phone and email, so it's really convenient.

  

Shouldn't We Go To Lawyers?

Some people wonder if they should go to lawyers for their documents. 

Hmm, maybe.  If your financial structures are very sophisticated - for example if you have multiple companies and inter-company loans and off-shore trusts and tax problems - or if your agreed deal terms are highly complex, or if your wealth is very large (say over $5m), then going to lawyers is probably a good idea. 

But the vast majority of separating Australian couples have neither highly complex financial structures nor vast wealth.  For regular couples, going to lawyers is often not attractive:

• Lawyers often question or challenge your proposed deal - even when you and your ex partner are agreed. Sometimes it can seem you're having to justify what you've already decided.
• ​Lawyers tend to write formal letters about every little matter - and that can take weeks or months of to-ing and fro-ing.
• Many lawyers ask for loads of background documents, which are often simply not necessary. You can end up paying for work that's not required.
• If there's any dispute - over big issues or small - the lawyer has to pick sides and can only act for one of you.
• Some lawyers are known to "unstitch" your deal - coming up with a bunch of reasons why you (or your partner) shouldn't go ahead. 
• And lawyers usually charge by the hour. So if there are any hiccups or disputes or delays, the bill keeps growing.​

Most couples who ask Divorce Partners to help just want us to (1) keep things simple, (2) work quickly and (3) not charge a fortune. And, yes, that is "how we roll".

  

Fees

As we said, we charge fixed fees to help you prepare formal documents for your financial settlement.

Typically we charge between $1,000 and $1,500 +GST per party (ie $2,000 to $3,000 +GST total).  We'll give you a firm quote once we understand your situation.

We offer discounts for some pensioners and people on low incomes.

​We provide credit card facilities and can provide instalment payment plans where necessary.

  

​Have Questions? 

There's a lot to take in - and you probably still have questions. 

We'd be happy to talk with you more about Consent Orders and BFAs and the process we use to get them prepared. There's no charge for that. So send an enquiry or book a chat. 
​

Send An Enquiry

If you'd like to get started, or just have a particular query, send us some details and we'll get back to you asap:

  

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Or Chat (For Free)

If you'd like to talk with one of our team about your situation, you can book a free consultation at a time that suits you by clicking here:

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