Asset Protection
Simple, supported and guided process
During challenging times, individuals often believe that their only recourse is to seek legal counsel. This is where the Div-ide approach sets itself apart. You and your partner have the option to undergo financial separation, and your consent orders can be sanctioned by the Federal Circuit and Family Court of Australia.
Negotiation & agreement
Both parties should communicate and negotiate to reach an agreement on the terms of the consent order. This may involve discussions about property division, child custody, or other relevant matters.
Clearly outline all the terms and conditions that both parties agree upon. Ensure that both parties fully understand and consent to the terms.
We draft Consent Order
Prepare a written document outlining the agreed-upon terms. The document should be clear, concise, and include all necessary details. You may find template consent order forms provided by the Family Court of Australia or seek legal advice if needed.
Ensure that the consent order addresses all relevant issues, such as property settlement, spouse maintenance, and child arrangements.
We file with the Court
Lodge the consent order with the Family Court of Australia or the Federal Circuit Court. You can do this online or by visiting the court registry.
Pay the required filing fee, which can vary. Information about fees can be found on the court’s website.
The court will review the consent order. If everything is in order and the terms are fair and just, the court may approve the order without the need for a court appearance.
You’re done!
Scenarios
Scenario 1: Property Division
A husband and wife agree to sell their property and distribute the proceeds equally between them. They engage Div-ide to calculate the net equity after settling the loan and any associated costs. Consent orders are drawn up professionally to formalise this agreement, specifying the distribution of funds to both couples as agreed.
Scenario 2: Shares and Cash
A separating couple holds various shares and cash. The former partners decide to divide these assets equally. They enlist the assistance of Div-ide to assess the current market value of the shares and cash. Consent orders are then drafted to outline the equitable distribution of shares and cash between the parties.
Scenario 3: Superannuation Split
Recognising the superannuation component within the SMSF, the husband and wife agree to a split based on a percentage. A chartered accountant evaluates the superannuation funds and proposes a fair division. Consent orders are prepared to document the agreed-upon split of superannuation between the parties.
Scenario 4: SMSF Dissolution
Both former partners opt to dissolve the SMSF entirely. Our chartered accountants assist in determining the total value of the SMSF assets, including property, shares, cash, and superannuation. They propose a comprehensive distribution plan, and consent orders are sought to formalise the dissolution and the fair allocation of all SMSF assets.
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