Save thousands on consent orders to protect your finances
Split your assets and debts quickly and more affordably during a separation or divorce. We combine technology and family lawyers to bring the costs down to you.
Consent orders from $1,100
Family Lawyer
A family lawyer is closely involved in the process to ensure the documents are correctly prepared for your personal circumstances.
70% Less Expensive
Many law firms charge between $3,300 to $5,500 for consent orders. Save thousands using SplitWise.
Prepared & Lodged For You
We draft the legal documents and lodge them with the court, ensuring everything is correctly done to protect your legal rights.
Why Do You Need Consent Orders?
If you and your partner have separated or getting divorced, then you need to make your agreement to divide your finances legally binding.
You can't just sign any piece of paper or an affidavit on how to split everything - that is not binding. To make it legally binding you have three options: you either need to go to court and let a judge decide, file consent orders, or get a binding financial agreement. The best and most affordable way is to get consent orders.
Consent orders make your agreement to split your assets and debts legally binding, which means you have peace of mind that your partner cannot come after you in the future for your assets.
That means if your house increases in value, you get a promotion at work, you win the lottery, you get a redundancy payout, you receive an inheritance, or you get money in any other way, you can be assured that those finances are yours and your ex-partner can't touch them.
If you are refinancing the house and mortgage, then you can save thousands of dollars on stamp duty by getting consent orders. With the consent orders, stamp duty is virtually nothing (eg $20, depending on your registry)
How Do Consent Orders Work?
1
Once the consent order documents are prepared, you and your partner need to sign them.
2
They are then filed with the court.
3
The court reviews the documents and the agreement to ensure that they are not grossly unfair, and if the court approves everything, orders are made.
4
These orders basically have the same effect as if you went to a hearing and the judge made a decision.
The SplitWise Process
1
Concierge
Let's confirm pricing
- You can use our online pricing tool to confirm the costs or give us a call
2
Enter Your Information Online
Start submitting key information about your relationship online. This is where we collect information about when the relationship started, details of your children, details of your assets and debts, and how you want to split them etc.
3
Confirm Engagement
The lawyers will send you the necessary documents to confirm your engagement.
4
Discussion With A Family Lawyer
You’ll have a discussion with a family lawyer, so we can gather the further information we need to complete your consent orders. The lawyer will also answer any other questions you have. If it turns our consent orders are not suitable for you, you can get a refund at this stage.
5
Documents Are Prepared
Once the documents are ready, we'll send them for your review. Once you're happy with them, you will need to get them signed, by you and your ex-partner, then returned to us.
6
We Lodge Them For You
We will lodge them with the court for you. The court can take between 2 to 6 weeks on average to review and approve them. Once the court approves your consent orders, your agreement is legally binding. You’ll then need to take the agreed steps (eg start the refinancing process).
SplitWise Vs Traditional Law Firms
Comparison Table
 | Traditional Law Firms | |
|---|---|---|
| Have your consent orders prepared by a family lawyer | ||
| Have them lodged with a court | ||
| Enjoy simple fixed fee pricing | ||
| Enter the information conveniently at your own time | ||
| Done from the comfort of your home | ||
| Have your questions answered quickly by specially trained AI | ||
| Smart technology which saves you time and money |
Costs For Getting Consent Orders
Total Cost
$1,280
Legal fees
$1,100
Court lodgement fee
$180
Total Cost
$4,430
Hourly charges to prepare consent orders
$3,000
Hourly charges for meetings
$700
Hourly charges for phone calls and emails
$400
Disbursements (photocopying, sending you correspondence etc.)
$100
Court lodgement fee
$180
File opening fee
$50
Traditional Law Firms
A Family Lawyer is Involved
SplitWise works with family lawyers to have the work completed
Angelo
Experienced Family Lawyer
Money Back Guarantee
We'll refund your money if it turns out that consent orders are not appropriate for your circumstances or there are some complications. We can determine this at the stage when a family lawyer reviews your case.
This ensures that you are comfortable knowing Splitwise is the right decision for you.
What Is A Super Split?
Superannuation splitting is the legal term for dividing superannuation between super accounts after a relationship breakdown.
For example, Matt has $100,000 in his super account. His wife, Ann has $50,000. If Matt and Ann decide to do a super split, funds are transferred from Matt’s super fund to Ann’s super fund. For example Matt can transfer $20,000 to Ann’s account. If a super split occurs, Matt’s super fund will directly transfer the $20,000 to Ann’s fund.
The transfer is between super funds. Money is not directly paid to Ann. After the transfer occurs, normal super rules apply as to when you can access it (eg at retirement age or financial hardship etc).
Both married and de facto couples can do a super split all around Australia.
Super splits are included in property consent orders. The super fund will need to have notice of the split before the consent orders are filed with the court.
Who Can Get Consent Orders
You need to have been separated, so you can't enter into consent orders if you are still in a relationship.
You need to have an agreement in relation to how to divide your major assets and debts with your partner. If you haven't yet reached an agreement, consent orders may not be for you. Usually, we suggest you agree on how to divide the big-ticket items, such as the house, super, motor vehicles, and money in the bank.
You need to have been married or have been in a de facto relationship. A de facto relationship is established if you have lived together for at least two years, have a child together, or have formally registered your de facto relationship. It is possible to get consent orders if you've been together for less than two years in certain circumstances.
You need to have assets and debts in Australia.
Risks Of Delay In Getting Consent Orders
There are many court-reported cases as well as circumstances we’ve seen first hand that should be a warning not to delay making your agreement legally binding.
If you don't make your agreement legally binding now, or as soon as possible after separation, then these are some of the risks you take.
Your Partner Can Claim Assets You Build Up Post-Separation
Without a binding agreement in place (e.g. consent orders or a BFA), your former partner can demand more assets or money in the future - and they’re allowed to if your agreement isn’t legally binding.
This means if you delay in making your agreement legally binding, then your partner has the right to claim against anything you acquire or receive after separation including for example:
- The value of the house increases.
- You put more money into the offset account.
- You pay off more of the mortgage (and increase the equity in the house).
- You increase your savings substantially.
- You receive a redundancy or work bonus.
- You receive a gift or an inheritance.
- The value of your investments increase.
- The value of business increases.
Your former partner is, generally speaking, entitled to all of the benefits and hard work that you do post separation. That is why it's important to get consent orders done as soon as you can because:
- there is a firm cut off date on what is definitely yours, and
- you can have peace of mind in increasing your wealth and building your future knowing that your former partner won't have a claim to it.
Protect yourself, and get consent orders so you can reap the rewards of increases in property prices, money you save, investment increases, bonuses, redundancy, inheritance, repaying the mortgage - all that happen after separation.
Your Partner Can Change Their Mind
Without making your agreement binding through for example, consent orders, your former partner is legally entitled to renege on any agreement which you have.
We see this all the time. Couples make an agreement on how much to pay each other and who keeps what… but later someone changes their mind because of one reason or another.
There are many reasons why people change their mind including being influenced by others, starting a new relationship, unexpected life events or simply having some negotiation regret (and simply wanting more).
If you want to stop your partner from changing their mind and later coming back for more - make your agreement legally binding now.
You Could Be Liable For Your Partner’s Debts
Also, without finalising your agreement and legally untying yourself from your former partner, you will still be liable for any joint mortgage, joint loans and bills after you have separated if your former partner fails to make their share of the repayments.
Remember, with a joint mortgage for example, you and your partner are “jointly and severally liable”. This means the bank can go after you (or your partner) for 100% of the debt. It does not mean you’re 50/50 liable for the debt (in fact you’re both 100% liable for the debt). This generally applies to all other forms of joint loans
This could result in:
- you losing thousands of dollars repaying these liabilities,
- you having to spend thousands of dollars on legal fees to sort it out, or
- your credit record being negatively affected (which makes it harder for you to borrow money in the future).
By doing consent orders, you can legally untangle all these joint debts - so you don't have to worry that a bank or lender will come after you in the future because your former partner didn’t make their repayments.