FAQ Group: Property

A Consent Order is a written agreement approved by the Court. It has the same effect as if it had been made by a Judge after a Court hearing. Filing Consent Orders with the Family Court involves the preparation of two documents – the proposed Terms of Settlement (a document setting out what the agreement … Continued

At PWB Lawyers we strongly recommend entering into Consent Orders or a Binding Financial Agreement (BFA) so as to formalise any agreement you have reached with your former spouse.

No. You may be able to reach agreement as to the just and equitable division of property by negotiation, mediation or other means outside Court. Our lawyers regularly represent client’s in property mediations with successful outcomes.

There is no formula used by the Family Court to divide property and no one can tell you exactly what orders a Judge will make as every case is different. As lawyers we can provide you with estimates only as the Courts have a wide discretion in making orders that may alter the interest of parties … Continued

A de facto relationship is defined in Section 4AA of the Family Law Act 1975. The law requires that you and your former partner, who may be of the same or opposite sex, had a relationship as a couple living together on a genuine domestic basis.

The same general principles apply in determining the entitlements of a party regardless of whether you were married or in a de facto relationship.

A property settlement is the division of property owned and acquired during a marriage or de facto relationship.