The important stuff to think about when you are working through your agreement

Matters relating to custody and access arrangements for your children are usually at the top of your priority list after separation.  Having that discussion up front at the end of a relationship can make things so much easier as time goes on.  You are not the only ones with a new “normal”.  Your children are about to have two homes!  

Your kids’ point of view

At this time it is really important for you children to know that you love them and that you have thought about all of the things that will worry them, like, how will they get to practice or the game?  Who will pick them up from the bus or tutoring? Will they still be allowed to sleep over at their friend’s house or will they be made to feel guilty for not hanging out with the parent they don’t live with?  These are all things they care and about and you should both think about – seriously!

Your new financial normal

Making sure that your financial future is secure must be your priority after separation.  So, it makes sense that you look at all of your assets and liabilities as a couple, and then work through how it will all be divided between the two of you.  The Family Law Act has pathway as to how this should be done, however, we know that sometimes families make up their own minds.  

Turning your agreement into Consent Orders

Once you have had your discussions and reached an agreement, it is really important to make sure the agreement protects you and is enforceable, so we strongly recommend that you formalise your agreement by having us turn them into a set of Consent Orders.  You don’t even have to go to Court to get them!  

Make sure the Orders are enforceable and comprehensive

You will need to take three steps to make sure your consent orders are enforceable and comprehensive and in a format that the Court will approve:

1. Make sure you exchange financial disclosure. Trying to hide assets from each other isn’t a good idea.  This could result in your partner asking the Court to set aside Orders if it is discovered that you have not disclosed all of your assets. This means that you have to give each other a copy of all your bank statements for every account that you own, every mortgage statement, credit card or store card statements, tax return, notice of assessment from the ATO, share statements, copy of your crypto currency wallet, copy of your most recent superannuation statement and evidence of the current balance, a copy of the registration papers for every car, motorbike, caravan, trailer, boat, jetski, truck or vehicle that you own, a copy of a redbook valuation for each car, motorbike, caravan, trailer, boat, jetski, truck or vehicle that you own, details of any inheritance that you are about to receive, copies of all business activity statements for each company or business that you own, copies of all trust deeds for any trusts that you are a beneficiary of OR any other source of financial support that you receive.
2. If you are married and have been separated for over 12 months, you need an application for a Divorce Order; and
3. The application for Consent Orders and the Consent Orders.