The Divorce Financial Settlement Consent Order is a crucial document in Australian family law proceedings, used when separating couples have reached agreement on how to divide their assets and financial responsibilities. This formal court order, which must comply with the Family Law Act 1975 and related regulations, transforms a private agreement into a legally binding and enforceable court order. It's typically sought after divorce proceedings have commenced or been finalized, though it can be filed before divorce in some cases. The document comprehensively addresses all financial matters including property division, superannuation splitting, debt allocation, and any ongoing financial obligations. Once approved by the court, it provides legal protection and certainty for both parties, preventing future claims on each other's assets or income unless in exceptional circumstances.
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1. Parties: Full legal names and details of both parties to the consent order
2. Background: Details of marriage, separation, divorce status, and any existing orders or agreements
3. Definitions: Definitions of key terms used throughout the order
4. Real Property Orders: Orders relating to the family home and any other real estate
5. Financial Resources: Orders regarding bank accounts, investments, and cash assets
6. Superannuation Split: Orders for the division of superannuation interests
7. Liabilities: Orders regarding the allocation of debts and liabilities
8. Personal Property: Division of personal effects, vehicles, and household items
9. Implementation: Timeframes and mechanisms for implementing the orders
10. Documentation: Requirements for signing and executing necessary transfer documents
11. Mutual Release: Mutual release from future claims against each other's assets
1. Business Interests: Orders regarding division or treatment of business assets and interests
2. International Assets: Specific provisions for assets located outside Australia
3. Trust Arrangements: Orders relating to family trusts or trust interests
4. Taxation Matters: Provisions for managing tax implications and obligations
5. Future Inheritance: Treatment of expected inheritances if relevant
6. Life Insurance: Requirements for maintaining life insurance policies
7. Child Support Arrangements: If children involved, any special financial arrangements beyond statutory child support
8. Spousal Maintenance: If applicable, terms of ongoing spousal maintenance
9. Family Violence Provisions: Special provisions where family violence has been a factor
1. Schedule A - Asset Pool: Comprehensive list of all assets with agreed values
2. Schedule B - Real Property Details: Full details of all real estate including title references
3. Schedule C - Superannuation Information: Details of superannuation interests including account numbers and split calculations
4. Schedule D - Transfer Documents: List of documents required for implementing transfers
5. Appendix 1 - Valuations: Professional valuations of significant assets
6. Appendix 2 - Business Documentation: Relevant business valuations and transfer documentation
7. Appendix 3 - Debt Schedule: Detailed list of all liabilities and payment arrangements
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Relevant Teams
Legal
Family Law
Property Services
Financial Advisory
Dispute Resolution
Settlements
Client Services
Documentation
Compliance
Court Liaison
Relevant Roles
Family Lawyer
Legal Partner
Associate Lawyer
Paralegal
Court Registrar
Financial Advisor
Wealth Manager
Property Valuer
Business Valuator
Mediator
Family Law Specialist
Legal Secretary
Conveyancer
Superannuation Consultant
Settlement Agent
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