#Party Role Names

Your Proposed Consent Orders document will automatically designate you as the ‘Applicant’ and your partner as the ‘Respondent’. These are simply procedural role names required by the court—they do not indicate who initiated the separation or imply any fault or responsibility.

#Editing Party Roles

After generating your draft Proposed Consent Orders document, you can edit it to swap the party role names if preferred.

#Filing Fee Concessions

A filing fee concession may be available if the Applicant named in the Consent Orders Application: —Holds a valid concession card —Receives Youth Allowance, Austudy, or Abstudy —Is experiencing financial hardship

For current eligibility criteria and filing fees, visit the Federal Circuit and Family Court of Australia (FCFCOA) website.

#Two Required Documents

Please note that submitting your application requires two separate documents: —Proposed Consent Orders (generated by our Platform) – Contains the legal orders for your settlement —Application for Consent Orders (court form) – A free form available from the court’s website that requires your personal information and details of each person’s individual and joint assets, debts, superannuation, and financial resources

#Important Limitation

Our Platform currently generates only the Proposed Consent Orders document. The Application for Consent Orders form (often called “the numbers document”) can be complex to complete and we recommend having a lawyer review it once prepared.

To ensure that the Q&A covers this aspect of your agreement, please go back to the first question and tick ‘A split of ONE superannuation interest’.

If you don’t change your answer, then the relevant superannuation questions won’t appear as part of your Q&A.

You’ve identified that there’s a property that needs to be transferred, sold, or kept, and there’s to be a superannuation split as part of your agreement.

Our Comprehensive Package covers both these aspects of your agreement plus the Essentials.

The special introductory fixed price that you’ll pay is $1230.

You’ve identified that there’s a property that needs to be transferred, sold, or kept, and you *won’t* be splitting superannuation as part of your agreement.

Our Property Package will deal with the property and includes the Essentials.

The special introductory fixed price that you’ll pay is $910.

It looks like there’s no real estate to be sold, transferred, or kept as part of your agreement, and there won’t be a superannuation split. In that case, you just need our Essentials Package.

The special introductory fixed price for the Essentials Package is $590.

#Potential Capital Gains Tax Liability

This property may have an unrealised capital gains tax (CGT) liability that could become payable upon its immediate or eventual sale. This liability represents the difference between the property’s current market value and its original cost base. There is CGT rollover relief where a property is being transferred between a couple pursuant to Consent Orders—meaning that the CGT liability isn’t required to be paid at the time of transfer.

#Important Limitation of Draft Orders

The draft Proposed Consent Orders for this property’s transfer (with a default sale) or sale in the first instance do not account for any potential CGT liability. This means the financial arrangements in your settlement may not reflect what you truly intend to occur.

#Professional Advice Essential

You should seek advice from both: —An experienced accountant specialising in capital gains tax —A family lawyer experienced in property settlements

They will help determine: —Whether CGT applies to your specific situation —The estimated amount of any CGT liability —Available exemptions or concessions —How to structure the settlement to account for tax obligations #Next Steps

If CGT does apply, you may wish to have your Proposed Consent Orders revised to properly acknowledge and/or allocate this tax obligation.

#Home-Based Business and Capital Gains Tax

If you or your partner operated a business from your home, the main residence capital gains tax (CGT) exemption may not apply to the entire property, even though it was your primary residence. The portion of the home used for business purposes may be subject to CGT upon sale or transfer.

#Professional Advice Required

This area of tax law involves complex calculations and specific exemptions. We strongly recommend consulting with: —An experienced accountant specialising in small business and property taxation —A family lawyer experienced in property settlements involving business assets

#What They Can Help Determine

Professional advisors can assess: —Whether partial CGT liability applies to your property —The proportion of the home that may be subject to CGT —Available small business CGT concessions or exemptions —The estimated tax liability and timing of payment —How to structure your settlement to account for any tax obligations

#Important Note

Your draft Orders should be reviewed and potentially amended to reflect any CGT liability arising from home-based business use to ensure a fair and legally compliant settlement.

#Important Tax Considerations for Trust or Company-Owned Property

When property is owned by a trust or company, significant tax implications may arise even if the property serves as your main residence. The usual main residence and land tax exemptions may not apply in the same way as they would for individually or jointly-owned property.

#Professional Advice Strongly Recommended

We strongly recommend consulting with both: —An experienced accountant specialising in property and trust taxation —An experienced family lawyer familiar with property settlements

They can advise you on: —Potential land tax liabilities —Capital gains tax obligations and available exemptions —Tax implications of property transfers or sales —Strategies to minimise tax exposure during settlement

#Important Limitation

The draft Proposed Consent Orders do not account for these potential tax liabilities. You may wish to have your draft Proposed Consent Orders reviewed and amended to take into account any tax debts or obligations arising from trust or company property ownership, and any agreement regarding these matters.

For QLD Land Title searches, CLICK HERE

For ACT Land Title searches, CLICK HERE

Please note that if the property is a townhouse or unit, further title particulars will need to be included in the Orders to correctly identify your specific property. Please consult with a conveyancer or your lawyer about this.

It’s possible your property may sell for more than the estimated value. If that happens, and unless your agreement paperwork says otherwise, any extra proceeds will be divided according to the original percentages you set, which means the difference between what each of you receives will increase.

However, you can choose to include a different arrangement for any amount above the estimated net sale proceeds. For example, you might agree that if the net sale proceeds exceed the estimated figure, every additional dollar will be split differently from the original percentages.

Example:
Jack and Jill expect to split their estimated net sale proceeds of $400,000, with Jack receiving 40% ($160,000) and Jill receiving 60% ($240,000), a difference of$80,000.

They agree that if the sale results in net sale proceeds more than $400,000, any amount above this will be split 45% to Jack and 55% to Jill. Suppose Jack and Jill achieve a higher sale price and receive $500,000 in net sale proceeds. Here’s how the proceeds would be divided:

For the first $400,000:
—Jack receives 40% ($160,000)
—Jill receives 60% ($240,000)

For the extra $100,000:
—Jack receives 45% ($45,000)
—Jill receives 55% ($55,000)

Total received:
—Jack: $160,000 +$45,000 =$205,000
—Jill: $240,000 +$55,000 =$295,000
The difference between their shares is now$90,000.

If they had simply applied the original 40/60 split to the entire $500,000, Jack would have received $200,000 and Jill $300,000—resulting in a difference of $100,000.

Summary: By agreeing to a different split for any amount above the estimated proceeds, you can adjust how any unexpected increase in sale price is shared, rather than automatically increasing the gap between your respective shares. The figure below shows the estimated net sale proceeds based on the information you provided.

This Q&A will prepare tailored Superannuation Splitting Orders (draft) to be incorporated into your Proposed Consent Orders.

They are ‘draft’ Superannuation Splitting Orders for a few reasons:
1. The trustee of the superannuation fund that is being split must approve the wording—this is a legal requirement
2. You and your partner will need to review and finalise the Orders with any necessary changes

#Application Out of Time Required

Based on your answers, the statutory time limit for applying for Financial Consent Orders has expired. However, you can still proceed by seeking the court’s permission to apply out of time.

#What We’ll Include

Your document will include an order requesting the court’s permission to apply outside the required timeframe.

#Additional Requirement – Affidavit

You will need to prepare and file a supporting affidavit that explains: —The reasons for the delay in applying within the statutory timeframe —Any circumstances that prevented timely application —Why it is in the interests of justice to grant permission to apply out of time

#Important Note

The court has discretion to grant or refuse permission to apply out of time. The strength of your affidavit and the reasons for the delay will be important factors in the court’s decision.

#Recommendation

Consider seeking legal advice about preparing your affidavit to ensure it addresses all relevant factors the court will consider when deciding whether to grant permission.

The information you insert below will be included in your Document and available for your partner to see. If you have concerns for your safety, consider including a PO Box or an alternate address (ie. C/- address).

Listed below are your answers to the questions asked to prepare your tailored Proposed Consent Orders (draft).

Carefully read all questions and answers before selecting ‘Yes’ to continue to payment.

Remember, you can always press ‘Save and Continue Later’ to generate a unique URL token that saves your answers for later.

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