Fairness Affidavit Q&A - Paper Advocate

Fairness Affidavit

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Have you reached a financial separation agreement?*

A financial separation agreement is formally known in family law as a property settlement

Yes

Almost

Not yet

Given you’ve not yet reached an agreement, you won’t get much out of continuing to answer this Q&A to prepare your Fairness Affidavit at this stage.

Consider saving your money and energy for when or if you need a Fairness Affidavit.

What has prompted you to consider preparing this Fairness Affidavit?*

Our Consent Orders Application got rejected because of the fairness requirement and our agreement

I am doing preemptively because our agreement might be considered unfair

I thought it was required as part of the Consent Orders Application process

I do not know why

Insert the full date that your Application for Consent Orders was filed on*

There is no requirement to submit an Affidavit to the Family Court supporting your Consent Orders Application (Financial) (“Fairness Affidavit”). It can still be a good idea to submit a Fairness Affidavit at the same time as submitting your Consent Orders Application because the decision-maker then has additional information from you that may assist the Court in deciding whether your financial separation agreement (property settlement) satisfies the legal just and equitable requirement (aka fairness test).

Has the Application for Consent Orders form been prepared?*

Yes

I am not sure

A Consent Orders Application (Financial) requires two documents to be submitted to the Court: 1. An Application for Consent Orders – which is a Court form 2. Proposed Orders by Consent – a written document setting out the financial separation agreement reached between a couple For the purpose of this Affidavit, we will identify you as the ‘Applicant’. This is easily changeable by you when you get your personalised Fairness Affidavit.

Insert Applicant surname*

If an Application for Consent Order has *not* been prepared, insert your surname

Insert Applicant first and middle names*

If an Application for Consent Order has *not* been prepared, insert your first and middle name

Insert Respondent surname*

If an Application for Consent Order has *not* been prepared, insert your partner’s surname

Insert Respondent first and middle names*

If an Application for Consent Order has *not* been prepared, insert your partner’s first and middle name

Supporting Reasons

Sometimes people will agree to a financial split of their assets, debts, and superannuation that may be towards the lower end of the range because they feel the overall outcome is in their and/or their family’s best interests.

For example, a parent might agree to receive a lower split of the pie because the other parent is going to provide significant ongoing child support.

Or, a person might agree to receive less of a cash payment from the parent because it facilitates that parent being able to afford to keep the home and means the children aren’t displaced. Also, they potentially avoid losing money by selling.

Or, some people want to keep more of their superannuation (due to age, preferred retirement lifestyle, the type of superannuation they have), and agree to receive less in non-superannuation assets.

Sharing your reasons can help a decision-maker understand what is important to you.

We’ve included four spaces for you to write out your reason(s) in sentence form. You can edit or add reasons when you receive your personalised Fairness Affidavit.

Supporting Reason 1*

Supporting Reason 2

Supporting Reason 3

Supporting Reason 4

Supporting Considerations

Separating can be a tumultuous and uncertain time for everyone, with instability. People often crave a resolution, closure, peace of mind, and financial certainty moving forward. Consider sharing with the decision-maker what it will mean for you emotionally to be able to have your agreement approved.

Finish this sentence/ The proposed financial separation agreement means that I can*

Is there anything else you consider important or relevant for the decision-maker to know that you want included in your Fairness Affidavit?*

Yes

Finish this sentence/ In considering our proposed financial separation agreement I would like the decision maker to know*

Advice

Have you had independent legal advice about your separation?*

It may help the decision-maker to know if you did get legal advice but you do not have to answer this question.

Yes recently and updated advice

Yes when we first separated

Not that I recall

Prefer not to say

The Numbers

Your Share

What is the total value of net non superannuation assets that you will receive under the proposed agreement?*

This can be found by looking at the total in your column at Q75 in the Application. If you do not know or you are unsure, insert ‘XXX’ to prompt yourself to update when you receive your personalised Fairness Affidavit.

What is the total value of superannuation that you will receive under the proposed agreement?*

This can be found by looking at the total in your column at Q76 in the Application. If you do not know or you are unsure, insert ‘XXX’ to prompt yourself to update when you receive your personalised Fairness Affidavit.

Your Partner's Share

What is the total value of net non superannuation assets that your former partner will receive under the proposed agreement?*

This can be found by looking at the total in your former partner’s column at Q75 in the Application. If you do not know or you are unsure, insert ‘XXX’ to prompt yourself to update when you receive your personalised Fairness Affidavit.

What is the total value of superannuation that your former partner will receive under the proposed agreement?*

This can be found by looking at the total in your former partner’s column at Q76 in the Application. If you do not know or you are unsure, insert ‘XXX’ to prompt yourself to update when you receive your personalised Fairness Affidavit.

Total Figures

What is the total value of the net non superannuation pool?*

This can be found by adding together the totals at Q75 of your Application in the Applicant and the Respondent columns. If you do not know or you are unsure, insert ‘XXX’ to prompt yourself to update when you receive your personalised Fairness Affidavit.

What is the total value of the superannuation pool?*

This can be found by adding together the totals at Q76 of your Application in the Applicant and the Respondent columns. If you do not know or you are unsure, insert ‘XXX’ to prompt yourself to update when you receive your personalised Fairness Affidavit.

What is the overall percentage split?*

This can be found at Q68 of the Application. Insert the full percentage, for example, ’60/40′. If you do not know or you are unsure, insert ‘XXX’ to prompt yourself to update when you receive your personalised Fairness Affidavit.

About Children

Are there any children of your relationship together?*

Yes

None together

How many children do you have together?*

Are any of your children younger than 18 years?*

Yes

About Your Relationship

Roughly when did you first start living together?*

Did you and your former partner marry?*

Yes

On what date did you marry?*

In what State/Territory or country did you marry?*

Roughly when did you separate on a final basis?*

Are you divorced?*

Yes

A divorce application has been lodged but it is not final

On what date did the divorce take effect?*

About You

Your First Name*

Your Middle Name

Your Surname*

Your Phone Number*

Does your former partner know your phone number?*

Yes

Can your phone number be listed on your Fairness Affidavit?*

Yes

Your Address for Service*

This is where you agree to accept Court documents. It could be your preferred mailing address.

Your Address for Service Suburb*

Address State/Territory*

Postcode*

Your Email Address*

Verify Your Email*

What gender do you identify most with?*

Male

Female

Intersex

What is your occupation?*

Who are you in the Application for Consent Orders?*

An Application for Consent Orders is a Court form. It is one of the two documents that must be submitted to the court when a couple want their financial separation agreement made official (legal and binding)

I am the Applicant

I am the Respondent

About Your Former Partner

Their First Name*

Their Middle Name

Their Surname*

Listed below are your answers to the questions asked to prepare your tailored Fairness Affidavit (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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Payment

Fairness Affidavit

Total

Coupon

Credit Card*

MasterCard

Visa

Supported Credit Cards: MasterCard, Visa

Card Number

Expiration Date Month Year

Security Code Cardholder Name

Consent*

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