General information about property consent orders. Your circumstances may need individual legal advice.
The application gives the court context
The application records the relationship and financial information needed for the court to consider the request. Both people should check that their information is accurate and complete.
Use the current documents for the court handling your application. The federal Application for Consent Orders and the Western Australian process should not be treated as interchangeable.
The proposed orders set out what should happen
The proposed terms describe the actions the court is being asked to order. They need to fit the agreement and be capable of implementation.
- A property transfer needs to identify the property and the associated obligations.
- A payment arrangement needs an amount and workable timing.
- A sale arrangement needs a clear process.
- A superannuation split needs fund-specific consideration and required procedural steps.
An example of the questions to resolve
Suppose one person intends to keep the home and pay the other an agreed amount. Before drafting, they need to resolve the property value, loan balance, payment amount, refinance arrangements, timing and what should happen if the intended finance is unavailable.
This is an illustrative planning example, not a sample legal clause or a recommended division. The wording of the actual orders should address the real circumstances.
Use templates to understand structure
An official template can help show the format required. It does not decide whether a clause is suitable for your transaction or whether the overall agreement is appropriate.
If using Split Ways, choose your support after the suitability check. Review the prepared documents carefully and use the lawyer review or consultation included in your package.
Check common document issuesCheck the original guidance
Court requirements can change. Use the official guidance when preparing an application.
FCFCOA: applying for ordersFCFCOA: when you have agreedFamily Court of WA: applying for consent orders