Consent Orders – they are the holy grail for those who have reached an agreement with their ex-partner regarding the splitting of the property and/or the care arrangements for the kids. They are quick, cheap and worth their weight in gold.
Many people think, we reached an agreement, why do we need to see a lawyer?
The quick answer is so you can be protected? What if your partner changed their mind two weeks/two months or two years later?
A classic case is where a husband decided to buy the wife’s share in the house and paid her the money without removing her name from the title for the property. The wife went and spent all the money and then had creditors chasing her for debts.
She had to file for bankruptcy. Because her name was still on the house, and not legally removed, the creditors forced the husband to either pay the wife’s share out again, or sell the house to pay her debts. The statutory agreement the wife had signed to the husband to say she had been paid her share was not enough to ward the creditors away.
Consent orders ensure that any agreement reached by the parties is legalised and formalised so that both parties are protected.
Call us now on 1300 44 55 75 if you want to discuss having consent orders in place.
By Nadia Messiha