About Getting a Divorce and Property Settlement
When getting a divorce there are two processes to consider – one is simply dissolving the marriage itself and the other is dividing the property, spousal maintenance and child support issues.
A ‘Certificate of Divorce’, which contains the dates of the decree nisi and the decree absolute marks the formal end of the marriage.
Getting the divorce.
In Australia it is quite simple to get a divorce – it can be done
This site has information and resources to help you learn about the divorce process and lodge your application for divorce whether it be on-line or offline
Settling Property, Maintenance and Child Support Issues
Divorced couples who wish to finalise, once and for all matters of a financial nature in dispute between them (including spousal maintenance) require some form of legal documentation.
As long as the couple are communicative and willing to resolve their issues, it can be addressed in one of two ways.
- The couple can make an agreement with ‘consent orders’ being made by a family law court or
- they can enter into a financial agreement.
A consent order is a written agreement approved by a court. A consent order can cover parenting arrangements for children (a ‘parenting order’) as well as financial arrangements such as transfer and sale of property and spousal maintenance. The court must be satisfied that the orders are properly drafted and that the terms of the agreement are “just and equitable”, before it will approve them.
Settling your affairs within the framework of a financial agreements allows to keep all your private information off the public record.
Provided for under the
Family Law Act 1975,
Section 90D refers to Financial Agreements after the dissolution of marriage or divorce. It provides for the division of financial resources of both parties and maintenance of either party after the couple has divorced.
A 90D agreement eliminates the need for the couple to enter court proceedings, reducing the risk of extended litigation and providing certainty of outcome. Our divorce kit gives you the framework for a compliant property settlement contract that will save you hundreds and possibly thousands of dollars.
The difference between a Financial Agreement and Consent Orders is
- you do not need to lodge your financial agreement with the Court for approval, and
- it is not subject to review by the Court.
This means that all details within financial agreements are confidential between the parties whilst the information on consent orders are available on public record
What if no agreement can be reached?
If no agreement can be reached between the parties then an application for property orders must be submitted to either the Family Court or the Federal Magistrates Court.
An application must usually be made within 12 months of your divorce becoming final. The decision is then made through a court hearing.