Family lawyer — property settlements and parenting
Consent orders and a binding financial agreement are alternatives, not steps.
What we do here
- Finalising a property settlement after separation
- Binding financial agreements, before or after
- Independent advice on the other side's agreement
- Parenting consent orders
- Divorce applications
What it costs
The figures below are for the documents named. Court filing fees are set by the Federal Circuit and Family Court of Australia and are additional. Court appearances start at $2,500.
Indicative ranges for common matters, including GST, disbursements extra. Your fee is confirmed in writing before work begins. Full list for this area.
Questions people ask
No. They are alternatives, and duty and tax are not the reason to prefer one. A transfer under either attracts the transfer duty exemption in s 68 of the Duties Act 1997 (NSW), and the capital gains tax rollover in Subdiv 126-A of the Income Tax Assessment Act 1997 (Cth) where the parties have separated and the transfer is because of the breakdown. Consent orders are made by a court, which must be satisfied the split is just and equitable, and are difficult to set aside. A binding financial agreement is a private contract that no court sees, and each party must have independent legal advice.
For married couples, 12 months from the divorce becoming final: s 44(3) of the Family Law Act 1975 (Cth). For de facto couples, two years from the end of the relationship: s 44(5).
No. A verbal agreement or a bank transfer does not stop a later claim, does not attract the transfer duty exemption on transferring the house, and does not get the capital gains tax rollover.
Most property settlements are finalised without a hearing. If you and your former partner can agree the figures, consent orders are filed and a registrar makes them on the papers, provided the registrar is satisfied the orders are just and equitable. If you cannot agree, the matter is decided in court, which takes longer and costs more.
It is relevant but not decisive. Since the amendments commencing 10 June 2025 the court identifies the legal and equitable interests and the liabilities first, then weighs each party's contributions, then the current and future circumstances of each of you. Family violence is now an express consideration at both stages. A title in one name does not settle it.
Guides on this
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Not sure where you stand?
The assistant works out the area of law and whether a time limit is running, then sends it to the solicitor the same day.