A practical guide to property consent orders

What property consent orders do

A property settlement may involve keeping or selling a home, paying a lump sum, dividing savings or dealing with superannuation. Consent orders set out the agreed arrangements you ask the court to make legally binding.

The application is not a divorce. It also does not automatically deal with parenting, child support, conveyancing or every practical task needed to complete a transfer. Be clear about what is included in your proposed orders and in the service you purchase.

Check that this is the right route

Agreement comes first. Both people need to understand and accept the proposed terms, with complete financial information available. If either person feels pressured or important facts are disputed, individual help may be needed before proceeding.

Consent orders and financial agreements are distinct legal options. A financial agreement has its own legal requirements, including independent legal advice. The right choice depends on the situation; a consent-order service is not a substitute for advice on that choice.

Prepare the financial picture and the terms

Start with a shared list of assets and debts, the values you have used and the documents supporting them. Then record the intended outcome in practical terms.

Before settling on a percentage, understand the factors that affect a property settlement.

• Who keeps each asset, and who is responsible for each debt?
• What payment or transfer is needed, and when?
• Does anyone need finance or the cooperation of a lender?
• Does the agreement involve superannuation, a business or another person’s interests?

Choose your support before you pay

SplitBase provides documents for self-filing and does not include lawyer review. SplitPlus includes lawyer review and filing. SplitPro adds a 60-minute consultation. Package details and separate filing charges are shown on the pricing page.

You begin with a short suitability check. If the service fits, you can proceed when ready or ask to speak with Abbey for reassurance. The fuller financial information is collected when preparing the documents.

Apply, then allow for the court’s review

For the federal pathway, the application is accompanied by the proposed orders. An agreed application can generally be considered on the documents. The court may request further information or amended terms rather than make the orders as submitted.

Do not build a property purchase or refinance plan around a promised approval date. Preparation, signing, court review and implementing an order are different stages, each with its own dependencies. Western Australia uses a separate court process.

Follow through once orders are made

Keep the sealed orders and check every action and deadline. A title transfer, refinancing a loan or implementing a superannuation split may need further steps with the relevant organisation.

Orders are serious commitments. If something changes or a person does not comply, get advice about the options instead of assuming the terms can simply be rewritten.