Property Consent Orders

Property consent orders create legally binding arrangements that protect both parties' interests while providing significant cost and tax advantages compared to other methods of property transfer. Accordly simplifies this process by guiding you through every step, ensuring all legal requirements are met.

The Asset Pool: What Gets Divided

One of the first steps in property settlement is identifying all assets, liabilities, and financial resources that comprise your “asset pool.” This includes everything you own individually and jointly, regardless of whose name it's in or when it was acquired.

• Real estate — family home, investment properties, vacant land, and commercial properties
• Financial assets — bank accounts, shares, managed funds, cryptocurrency, and term deposits
• Superannuation — employer super, SMSFs, personal contributions, and overseas pensions
• Business interests — sole trader assets, partnership interests, company shareholdings, and trust interests
• Debts and liabilities — mortgages, car loans, credit cards, personal loans, and tax debts

Superannuation Splitting

Superannuation often represents one of the largest assets in property settlement and requires special handling. Splitting creates a separate super interest for each party, providing immediate, enforceable rights to superannuation benefits.

• No immediate tax consequences — transfers under court orders generally don't trigger tax
• Preserved tax-free status — amounts that were tax-free remain tax-free after splitting
• Doesn't count toward contribution caps — making super splitting particularly attractive for high-income earners

Stamp Duty Savings & Tax Benefits

One of the most significant advantages of property consent orders is the stamp duty concessions available for property transfers between former spouses or de facto partners.

• Most states provide full stamp duty exemptions for transfers under family law orders — often saving thousands of dollars
• Nominal stamp duty (often $10–$50) regardless of property value
• The family home is usually exempt from capital gains tax, and this exemption can often be preserved even when transferred between former partners

Why Choose Consent Orders

Consent orders are far less expensive than contested property proceedings, which can cost tens of thousands of dollars. They're typically processed within 2–3 weeks, whereas contested proceedings can take 12–18 months. You and your former partner decide the arrangements rather than having a judge impose a solution.

• Legally enforceable — unlike informal agreements, consent orders can be enforced through the court system
• Finality — properly drafted orders prevent either party from making future property claims
• Third-party recognition — banks, super funds, and other institutions readily act on court orders