Settlement Documents

Have you reached an agreement with your ex and just want to get it done?

We generally recommend that you finalise your property settlement by way of Consent Orders filed with the Federal Circuit and Family Court of Australia.

Consent Orders can be filed online, and do not require you or your spouse to engage a lawyer or attend Court.

It is important that your documents are professionally drafted and reviewed to avoid the Court requisitioning or “rejecting” your proposed Orders.

Our service allows you to automate the process of engaging a lawyer to draft your documents for you.

Simply fill out a form telling us what you have and what you want, and we’ll prepare drafts which will be ready for you and your ex to sign.

Our online service works for people with simple property settlement cases.

Examples of “simple” cases include:

• You each own your own assets, and just want the agreement to say that you will each keep what you have;
• You and the other party own a joint property together (or several joint properties) and one of you wants to keep it and take over the mortgage, and the other party needs to receive a cash payment;
• You have some funds in a joint account and want to divide that;
• You have some superannuation in an accumulation fund (e.g. most retail funds such as Australian Super, Aware Super, Hostplus, REST Super, MLC, AMP) and one of you is splitting some of your superannuation to the other.

If you have more complex property settlement requirements, we can still assist you but you will need to discuss your requirements with one of our lawyers so we can provide a more bespoke quote. For example:
• If you have company or trust structures in which both you are your spouse are involved;
• If you have a self-managed super fund, or you are a member of a defined benefit fund (e.g. CSS, PSS, DFRDB, MSBS, certain QSuper funds);
• You have cross-secured loans (i.e. your mortgage is secured against many properties).

How does Modern Divorce work?

  1. We prepare the settlement documents that you need to document your agreement/s in a enforceable way, and give you the requisite legal advice for them to be legally binding.
  2. The settlement documents are sealed and ratified by the Court where necessary.
  3. Your case is finished with minimum cost, stress and delay.
  4. You tell your friends how great Modern Divorce is.

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