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Frequently Asked Questions

Questions and Answers

Yes! We are an Australian law firm and must hold your money received in our trust account. Our firm’s roots go back more than 30 years in our local community.

Yes! We are happy to discuss payment by instalments of the costs to complete your property division.

We will update you via email at every crucial step with information and flowchart diagrams showing what step you have reached. Depending on the level of assistance you choose, we will guide you and undertake all necessary steps to ensure your property settlement occurs to your assets as agreed with your former spouse.

If you have reached an agreement and completed our online application, we will prepare your Consent Orders to sign and lodge with the Court. If you have chosen the Partly DIY Option, once you have signed the Orders, the process to have them ‘sealed’ by the Court will take a few weeks. If you choose the Peace of Mind Option, we will have the Orders’ sealed’ by the Court and then arrange with an agent to undertake any agreed property transfers. If you are dividing or ‘splitting’ superannuation between parties, there is a separate process with the Super Fund, which will take 4 to 6 weeks. If you need a helping hand to reach an agreement and choose the Friendly Mediator Option, then you should add 4 to 6 weeks to arrange the mediation prior to our part in preparing the Consent Orders and having them ‘sealed’ by the Court.

If you have a general query about dividing your property, you can contact us by email at help@propertysettlementonline.com.au or telephone at
1300 531 137. There is no cost to make this enquiry.

Where a property settlement is undertaken by the making of a Consent Oder filed with the Court, the Court will charge a processing fee to approve or “seal” the Orders prior to us enacting those Orders. The current fee is $195.00. The only other fee that may apply is an internal compulsory charge by a superannuation fund for reviewing any superannuation splitting Orders, if applicable, and then undertaking the actual division of superannuation between the parties. This cost is usually around $100.00, is generally deducted from the superannuation fund balance and is not directly payable by either party.

There is only a small amount of documentation required. We will request a current rates notice for any real property to be transferred and a statement from the superannuation fund to identify the fund name and relevant account details correctly. We will also ask you to supply photographic evidence of your identity, which the Law Society requires for legal purposes. Once we have these documents, we will be able to proceed to commence drafting the Court Orders. If any extra or unusual documents are required for unique transfers, we will ask for them at the beginning to avoid unnecessary delays.

Our role in the property division process is to document your agreement in a binding form and arrange that the assets be divided in accordance with that agreement. Our direct service does not extend to negotiating the amounts or whether the division of superannuation or other property between you is fair or reasonable. However, if you believe an agreement can be reasonably reached, we will offer a mediation service through an independent mediator to help you reach that agreement which we will then document formally.

The answer is no. Property can be transferred after the Orders are made. In our experience, some separating couples have reached an agreement and already divided their remaining property prior to using our service to undertake a final step of splitting their superannuation. Whilst it is possible to divide superannuation prior to dividing the remaining assets, we do not recommend this approach as it may make it more challenging to reach a fair agreement on dividing your overall asset pool. Importantly, assets such as motor vehicles and real property, for example, the former marital home, can be transferred either as part of the Consent Orders or after the Orders are made. There may be some stamp duty benefits in doing so, which we can explain further.

No Court attendance is required by you. We will take care of that. When parties have agreed to divide their property, including superannuation, the Court documents that we prepare are lodged by us with the Court and then processed “in-house” by the Court. The Orders are then returned to us for further processing, and we will contact you.

Your Online PropertySettlement will outline the costs you will incur at the beginning to be clear and transparent. Apart from our fee to conduct the process, which is based on the level of service you choose, the following charges may be applicable for various matters of your property division. As mentioned in one of our earlier questions, there will always be the Court filing fee. Should you need to divide superannuation, then a fee will be charged by the relevant Super Fund. If a motor vehicle or real property, like a building or land, is being transferred, then stamp duty may be applicable if no exemptions apply. If mediation is required to reach an agreement, then a fee for that service would apply. All required services will be quoted upfront based on your needs.

To ensure the paperwork we prepare can be used, it is important that you have discussed the property division with your former spouse or that you are both willing to attend a mediation to reach an agreement prior to commencing the use of our service. If there is a change of mind, part of the way through the process or an agreement cannot be reached at mediation, then a partial fee for the work we have conducted will be applied. It is unlikely that a full refund will be available in this case.

A mediation is a conference between parties conducted by an accredited mediator who is an impartial person specially qualified to assist you with resolving disputes or reaching an agreement regarding the division of property and assets. It is not the role of the mediator to take sides or measure fairness. They establish what is agreed upon and what remains in dispute. The mediator will look at options and offer to resolve any impasse or disputed items to help the parties find a way forward and reach an agreement that both parties can live with. The mediator will take a practical role in facilitating an agreed outcome without providing legal advice to either party. If an agreement is reached, they will usually document the basic terms of the agreement for both parties to review and sign. Once signed, they will return it to us for preparation of the final agreement and Court Orders to be lodged and sealed by the Court.

The division of property, including superannuation, must occur within one year after your divorce has been completed. If you wish to divide property or superannuation more than one year after the divorce order is made, then both you and your spouse must ‘consent’ to this occurring. For the separation of a de facto couple, property division must usually be documented within two (2) years from separation. However, ‘consent’ by both parties can occur after two years of the date of separation, and our service may be used. In some circumstances, an application can be made with the permission of the Court for an extension. If your circumstances require timeframes outside of the above periods for the division of property or superannuation, then we recommend you contact us by email at help@propertysettlementonline.com.au with an outline of your situation, and we will contact you at no financial cost to discuss.

Our service assists in how property, including superannuation, is divided in the most common way superannuation is held, which is in an Accumulation Fund that is still growing. There are some Funds, including those where the funds are in the payment phase (i.e. being drawn down in retirement), where more specific advice applies. In this case, please contact us by email at help@propertysettlementonline.com.au to describe your query, and we will respond specifically.

The simplest method to commence your application is to click ‘Start Now‘, or on one of the buttons at the top or bottom of the page. This will lead you to a simple, intuitive questionnaire where you will select which level of service you wish to use and complete the questionnaire to get the process underway. We will contact you within two business days of application lodgement to confirm details and advance the matter.