Options other than consent order

[Syd01]

Hi There,
My father of 80 is getting a divorce. They have agreed the split of assets and they want to write a statement to the effect of " We agree the split of assets 50/50 of $x and each party has no further claim on each other". They have limited money and really can't afford to spend more money on consent orders and legal advice (they will not be able to lodge the forms themselves).

They would like to sign off this statement and get this witnessed by a JP. Would this be sufficient?

Thoughts?

 

[Atticus]

They would like to sign off this statement and get this witnessed by a JP. Would this be sufficient?

A simple signed & dated statement even witnessed by a JP wouldn't be legally enforceable should one party challenge it.... Only court orders or a BFA is accepted as final & binding on all parties...

That said... if there are no major assets such as real estate & the division is quite straight forward, then there is little chance of it being challenged, especially after the 12 month period starting from the issuing of the decree nisi of divorce...

If there is real estate that must be sold, mortgages to settle & or money from the sale of assets to finance a Refundable Security Deposit for a nursing home or the like it could get complicated without final orders or a BFA

 

[Syd01]

Thank you Atticus