A Guide to Marital Asset Division: What you Need to Know
When a couple decide, for any reason, to end their marriage or de facto relationship, they must come to an agreement over the joint marital assets, and when the fine details have been worked out, the next step is to contact an experienced family lawyer. The lawyer would draw up consent orders in Brisbane, which are written and formatted to a requested format, and all of the details regarding the division of joint assets, would be covered. This might include real estate, cars and other tangible assets, and if there are children involved, details concerning custody, visitation and financial support would also be included.
Coming to an Agreement
This might be the hardest part of all, and sometimes, one party’s superannuation is included in the agreement, and there are no restrictions regarding how much of the person’s superannuation is included in the agreement, providing that both parties agree. In the event you and your ex-partner cannot come to an agreement over the marital assets, it is probably best to let your lawyer negotiate with your ex-partner’s lawyer until such time as an agreement is reached.
If you are looking for consent orders in Brisbane, an online search would bring up a list of established law firms that deal with family matters. Make sure that the law firm offers fixed price consent orders, which ensures there are no hidden extras, and in the event the consent orders are rejected by the court, the law firm would refund your money in full.
Consent Orders Rejected
It is sometimes the case where a Family Court rejects consent orders, which might be for the following reasons:
- The consent orders are incorrectly formatted.
- The court feels there is a lack of contingency clauses.
- The court feels that the agreement is not fair and equitable.
When consent orders are rejected, the court will issue recommendations, and should they be followed, the consent orders can be resubmitted and will be approved.
Virtual Legal Services
As you will already know, the current Covid-19 pandemic means that we should avoid human contact where possible, and the family layer would offer a virtual consultation service. You would be asked to upload the document that contain the agreement made with your ex-partner, which gives the lawyer a chance to read the information prior to the virtual consultation.
The family lawyer can submit the consent orders to the Family Court, and neither you, nor your partner have to attend the court hearing, and once the consent orders are officially approved, they cannot be altered by either party.