WA How Binding are Consent Orders?

[John Perth]

Good morning,

My situation is as follows -

I separated from my wife 19 months ago. We have one 18-year-old daughter and are on similar incomes. I moved out of the family home and we have been on reasonable terms since this time.

We came to an agreement that I would sign over the family home to her, leaving my share of the capital for her and in return we would not make any claim on each other's super (I have about double her super fund). Taking into account all financial assets, it works out at a fairly 50/50 split.

This has all been included within consent orders lodged and stamped at the family court of Western Australia.

My question is - How final is this consent order (particularly considering that we are not yet divorced)?

I wish to start looking at SMSF, but I'm not sure if my ex could make a claim against my superannuation at some later date despite the agreed upon consent orders. Further, could my ex make a future claim for maintenance, etc. should our financial situations change?

We included within the consent order that neither of us would make any future financial claim against the other...but I'm not sure how binding this would be?

Thanks in advance for any assistance forthcoming.

 

[sammy01]

Consent orders relating to property are not rock solid - Nothing is... But gee, they come close. Once they are stamped by the courts they are legally binding and it is pretty bloody hard to get them changed.

Sounds like you've done well... More often than not these things make money for solicitors and everyone leaves unhappy. Well done

 

[John Perth]

consent orders relating to property are not rock solid - Nothing is... But gee they come close... Once they are stamped by the courts they are legally binding AND it is pretty bloody hard to get them changed....
Sounds like you've done well.... More often than not these things make money for solicitors and everyone leaves unhappy.... Well done

Thanks Sammy, we have tried to keep things fair and amicable, but as you know things can change when new partners come along and different opinions are voiced.

My concerns were raised yesterday when I read a news article from the UK where a guy had to pay his ex-wife a substantial amount of money from his business which he had built up after their divorce.

I'm never likely to be in that situation, but I am looking at buying property with my super and I would hate to think my ex could interfere with that years down the track.