Divorce Financial Consent Order Template for Australia

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Key Requirements PROMPT example:

Divorce Financial Consent Order

"I need a Divorce Financial Consent Order to document the division of our marital assets, including our family home in Sydney valued at $2.1M and shared superannuation interests, with implementation to be completed by March 2025."

Document background
A Divorce Financial Consent Order is utilized in Australian family law when divorcing parties have reached agreement on their financial settlement and wish to make it legally binding. This document is filed with the Federal Circuit and Family Court of Australia and, once approved, provides court-enforced protection for the agreed terms. It typically follows either mediation or direct negotiation between parties and their legal representatives. The order comprehensively details the division of all assets, liabilities, and financial resources, including property, investments, superannuation, and business interests. It must comply with the Family Law Act 1975 and related legislation, and should be drafted with consideration of tax implications and practical implementation requirements. The document serves as a final settlement of financial matters between the parties, preventing future claims except in very limited circumstances.
Suggested Sections

1. Parties: Full legal names and addresses of both parties to the consent order

2. Background: Details of marriage/relationship, separation date, divorce status, and any existing orders or agreements

3. Definitions: Definitions of key terms used throughout the order, including property, financial resources, and specific assets

4. Property Pool: Comprehensive list of all assets and liabilities of both parties, including values and ownership details

5. Division of Assets: Detailed specifications of how all assets are to be divided or transferred between parties

6. Cash Adjustments: Any cash payments required between parties to achieve the agreed settlement

7. Real Property Orders: Specific orders regarding the transfer, sale, or retention of real estate

8. Indemnities: Mutual indemnities for debts and liabilities post-settlement

9. Implementation: Timeframes and specific actions required to implement the orders

10. General Provisions: Standard clauses about compliance, further assurance, and costs

Optional Sections

1. Superannuation Split: Details of superannuation splitting arrangements - required when superannuation is to be divided

2. Business Interests: Orders regarding division or treatment of business assets - included when either party owns business interests

3. Spousal Maintenance: Terms of any ongoing spousal maintenance - included when maintenance is part of the agreement

4. Pension and Insurance: Orders regarding division of pensions or treatment of insurance policies - included when relevant

5. International Assets: Specific provisions for overseas assets - required when parties have international property

6. Trust Arrangements: Details of any trust distributions or variations - included when trust interests exist

7. Taxation Provisions: Special arrangements regarding tax liabilities or benefits - included when tax implications need addressing

8. Bank Accounts and Investments: Specific orders about division of bank accounts and investments - included when complex financial products exist

Suggested Schedules

1. Schedule A - Asset Schedule: Detailed list of all assets including descriptions, values, and current ownership

2. Schedule B - Liability Schedule: Comprehensive list of all liabilities including creditors, amounts, and responsible parties

3. Schedule C - Superannuation Splitting Orders: Technical orders for superannuation trustees including specific splitting instructions

4. Schedule D - Property Transfer Instructions: Detailed instructions for transfer of real property including title details

5. Schedule E - Business Valuations: Professional valuations of business interests if relevant

6. Appendix 1 - Supporting Documents: List of documents relied upon in making the order

7. Appendix 2 - Implementation Timeline: Detailed timeline for implementing various aspects of the order

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Relevant Industries

Legal Services

Financial Services

Real Estate

Banking

Insurance

Superannuation

Professional Services

Property Management

Wealth Management

Family Services

Relevant Teams

Legal

Family Law

Property Law

Disputes Resolution

Client Services

Documentation

Compliance

Advisory

Settlement

Conveyancing

Relevant Roles

Family Lawyer

Legal Partner

Legal Associate

Paralegal

Financial Advisor

Wealth Manager

Property Lawyer

Court Registrar

Mediator

Divorce Specialist

Estate Planning Lawyer

Legal Document Specialist

Family Law Practice Manager

Settlement Officer

Conveyancer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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