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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."
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
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
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
Applicant
Respondent
Matrimonial Property Pool
Property
Financial Resource
Separation Date
Implementation Date
Completion Date
Real Property
Chattels
Superannuation Interest
Business Assets
Matrimonial Home
Joint Assets
Separate Property
Liabilities
Transfer Date
Settlement Sum
Adjustment Sum
Encumbrance
Financial Institution
Indemnity
Legal Personal Representative
Marriage
Mortgage
Order
Party/Parties
Proceeds of Sale
Registration
Release
Securities
Spouse
Superannuation Fund
Superannuation Trustee
Title Documents
Trust
Valuation Date
Working Day
Definitions
Transfer of Property
Division of Assets
Property Settlement
Superannuation Split
Spousal Maintenance
Implementation
Discharge of Mortgages
Release and Indemnity
Further Assurance
Bank Accounts
Business Interests
Chattels Division
Property Sale
Cash Payment
Taxation
Costs
Default
Compliance
Severability
Confidentiality
Governing Law
Jurisdiction
Legal Advice
Full and Final Settlement
Time of the Essence
Notices
Counterparts
General Provisions
Legal Services
Financial Services
Real Estate
Banking
Insurance
Superannuation
Professional Services
Property Management
Wealth Management
Family Services
Legal
Family Law
Property Law
Disputes Resolution
Client Services
Documentation
Compliance
Advisory
Settlement
Conveyancing
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
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