Question 1

What is a consent order in Western Australia?

Accepted Answer

A consent order is a legally binding court order made by agreement between separated or divorced parties. In Western Australia, consent orders are made under the Family Court Act 1997 (WA) for de facto couples and the Family Law Act 1975 (Cth) for married couples. They can cover property division, superannuation splitting and parenting arrangements. Once approved by the court, a consent order is enforceable in the same way as any other court order.

Question 2

What is the difference between a consent order and a binding financial agreement?

Accepted Answer

A consent order is approved by the Family Court and is enforceable as a court order. A binding financial agreement (BFA) is a private contract between the parties and does not require court approval. Consent orders offer greater security because they are court-approved. A BFA may be quicker and cheaper to prepare but can be set aside more easily if procedural requirements are not met. Both can cover property settlement and superannuation splitting.

Question 3

How long does a consent order take in Western Australia?

Accepted Answer

Once both parties have agreed on terms and the application is filed with the Family Court of Western Australia, consent orders typically take between 4 and 12 weeks to be approved, depending on the court's workload. The time required to reach agreement between the parties before filing will vary. Consent Order Lawyers assists clients in preparing the application efficiently to minimise delay.

Question 4

Can I split my ex-partner's superannuation in a consent order?

Accepted Answer

Yes. Superannuation can be split between separated parties as part of a property settlement in Western Australia. A superannuation splitting order can be included in a consent order or binding financial agreement. The superannuation fund must be notified and given an opportunity to object. Consent Order Lawyers can advise on how to value and split superannuation as part of your overall financial settlement.

Question 5

What is the time limit for a property settlement after separation in WA?

Accepted Answer

For married couples, property settlement proceedings must be commenced within 12 months of a divorce order becoming final. For de facto couples in Western Australia, proceedings must be commenced within 2 years of the end of the de facto relationship. It is important to act promptly. Consent Order Lawyers advises clients to formalise their financial settlement as soon as possible after separation to protect their interests.

Question 6

Do I need a lawyer for a consent order in Western Australia?

Accepted Answer

You are not legally required to use a lawyer, but it is strongly recommended. Consent orders are legally binding and affect your property, superannuation and parenting arrangements for the long term. A lawyer ensures the orders are correctly drafted, that you have received independent legal advice and that the court is likely to approve the application. Consent Order Lawyers provides fixed-fee consent order services in Western Australia.

Question 7

How much does a consent order cost in Western Australia?

Accepted Answer

Consent Order Lawyers charges fixed fees for consent order applications in Western Australia, so you know the cost upfront with no hourly billing surprises. The fee will depend on the complexity of your matter. Contact Val Antoff at val@crystallawyers.com.au or 0421 145 637 to discuss your situation and receive a fee estimate.

Question 8

What is the difference between a divorce and a property settlement in WA?

Accepted Answer

A divorce legally ends a marriage but does not resolve the division of property or financial matters. A property settlement is a separate legal process that divides assets, liabilities and superannuation between the parties. Both can be dealt with at the same time or separately. Consent Order Lawyers assists with both divorce applications and property settlement consent orders in Western Australia.

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