Somethings you shouldn’t DIY
The client and his wife had attempted to negotiate the Court process themselves and were having difficulties. They had managed to agree to a “fair settlement” between them but then they wanted to obtain consent orders from the Court to avoid paying stamp duty on the transfers.
The client came to us with the Court documents they had already filed, an Application for Consent Orders and a Financial Statement filed in the Family Court of Australia. They had made several attempts to finalise the Orders themselves and were getting very frustrated with the process. The Court had just sent another rejection and advised them that the matter was going to be dismissed if they were unable to draft Orders by Consent.
The client came to us very frustrated as he was unable to provide the Court with the appropriate form of Orders and didn’t know where to begin. The client told us that they had both made several attempts and didn’t really understand what the Court wanted them to do.
We were able to take their documents and draft suitable Orders for them to sign. We then lodged the signed Orders and arranged to have the Orders made in Chambers within 14 days, saving the client money because we did not have to attend Court and neither did he. Within a few days the client had Sealed Consent Orders that he could then action in his hands.
We are now assisting both the husband and the wife to transfer the properties into their own names and pay out the mortgage. Without our assistance the client was unable to negotiate the minefield of legal process and get the Orders that he was seeking. Now both the husband and wife can move on and concentrate on the things that really matter.