Documenting your settlement agreement: Consent Orders or Financial Agreement?

Documenting Your Settlement Agreement: Consent Orders or Financial Agreement?

If you and your former-spouse or de facto partner have reached a property settlement agreement after separation, it is crucial to document it formally to avoid future disputes. Two formal ways to document a property agreement recognized by the Family Law Act are Consent Orders and Financial Agreements. Consent Orders are Court Orders that require both parties’ consent and approval by the court, whereas Financial Agreements are private agreements between parties. While Consent Orders must be considered just and equitable and require a $180 filing fee, Financial Agreements do not need court approval but require both parties to obtain independent legal advice. Financial Agreements can also extinguish future claims for spousal maintenance. If you need help formalizing a property settlement agreement, Honan Family Law can offer a fixed fee initial consultation to discuss your options.

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