What is involved in a clean break order?
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What is involved in a clean break order?
A clean break order is a financial settlement between you and your former spouse that has been approved by the court. It will severe your financial ties and protect you from a claim over any future assets you acquire. At the time of his divorce he had relatively modest assets and did not obtain a clean break order.
How much will a consent order cost?
You can file an application for consent orders at a family law registry, or electronically on the Commonwealth Courts portal. Currently the fee is $160. The court will not automatically make the consent orders you have agreed upon.
How long does a consent order take to be approved?
From the date of lodging you should expect it will take between 6 to 12 weeks for the Court to process your application and issue sealed Consent Orders.
Do you need a solicitor for a consent order?
The parties are able to negotiate the terms of the agreement amongst themselves without assistance from a lawyer and the documents don’t need to be signed in the presence of a lawyer. Consent Orders are legally binding documents which can have a profound impact.
Can you divorce without a consent order?
Obtaining consent orders are part and parcel of doing a final property settlement. You should not transfer or sell significant assets without consent orders in place. If you are contemplating transfer or sales without consent orders, then you must obtain legal advice from an experienced family lawyer immediately.
What is the difference between a consent order and a binding financial agreement?
Whereas terms of Binding Financial Agreements must be drafted according to the circumstances of each particular matter, consent orders are supported by an application prepared in accordance with a particular form approved for use in the Family Court. Legal representation may not be necessary to obtain consent orders.
