The short answer

No, you are not legally required to have a lawyer to apply for consent orders. Many people start the process themselves. But because property orders are very difficult to change once made, and poorly drafted orders cause disputes later, most people benefit from advice before signing.

What can go wrong without advice

• Agreeing to a division outside the fair range. You may give up more than a court would be likely to order, or the registrar may refuse to make orders that do not appear just and equitable.
• Orders that cannot be carried out. Vague wording about refinancing, sale processes or timeframes is a common cause of later disputes.
• Superannuation errors. Super splits must be drafted in a particular way, and the fund must be notified before filing.
• Overlooked assets or liabilities. Without proper disclosure, it is easy to miss things such as tax debts, business interests or entitlements held in trusts.
• Parenting orders that do not fit real life. Arrangements that are unclear or impractical can lead to conflict and further court applications.

What a lawyer does

A family lawyer can review the agreement against the likely range of outcomes, check disclosure, draft precise orders, deal with superannuation procedures, and prepare and file the application. A lawyer can only act for one party, so each person should get their own advice.

What to do now

If you and your former partner have reached an agreement, or are close to one, we can review it and prepare consent orders for filing.

This page is general information only and is not legal advice. Every family is different – please contact us for advice about your situation.