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Application for Consent Orders - Legal fees?

Discussion in 'Legal Issues' started by iinvestor, 11th Nov, 2015.

  1. iinvestor

    iinvestor Member

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    Hi,

    My ex wife and I just submitted the application for divorce. Next step would be to split the properties with mutual agreement by submitting the consent order.

    For all the lawyers out there, what fees can i expect to be charged for this service?
     
  2. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    $5k upwards. You might want to contact RPI as I think his firm does them under fixed price agreements.
     
  3. thatbum

    thatbum Well-Known Member

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    Usually its done the other way around actually - but it doesn't matter as long as you get it in within a year of the divorce.

    Depends how complicated the orders need to be, and whether or not you've actually agreed to a split that is equitable - you'll probably need advice on this as part of the service.
     
  4. larrylarry

    larrylarry Well-Known Member

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    Both parties would need proper legal advice even if there's a general agreement as to how properties are split. I have seen people come in with a set of agreement and upon proper advice from separate lawyers, that agreement starts to disintegrate and a long battle ensued and one of the common reasons is that they fail to consider other aspects. So just keep that in mind.
     
  5. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    Don't forget the tax aspects. The transferee will possibly get a CGT pregnant property
     
  6. larrylarry

    larrylarry Well-Known Member

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  7. D.T.

    D.T. Adelaide Property Manager Business Member

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    If both parties agree on the split of assets, is it possible for them to just go to one lawyer to fill out a consent order? I could see how that could be seen as a conflict of interest, but if parties are in agreement then...
     
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  8. larrylarry

    larrylarry Well-Known Member

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    To avoid any appearance of conflict, I would always suggest that I act for one party and the other seeks independent advice. I have seen some lawyers act for both and some turned out badly.
     
  9. D.T.

    D.T. Adelaide Property Manager Business Member

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    Thanks,
    How does it turn out badly if both sides agree on what there is?
    Also, does it matter if ya live in one state but wedding was in another? Or is it a federal thing anyway?
     
  10. larrylarry

    larrylarry Well-Known Member

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    One case that I've seen is one party realises he/she's got a raw deal after all...and drum roll. Family Law Act is Commonwealth Legislation
     
  11. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    The blame game. Although they may agree now, but what about later - they don't know what they don't know and when they later find out then it is time to blame someone (other than themselves).
     
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  12. RPI

    RPI Property Lawyer, Town Planner Business Member

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    If it is a truly consent then depending on assets etc my Family Law guys do fixed starting at around half what Terry W said. Have 5 different levels of fixed fees depending primarily on the type of structures holding assets. Amazing how often people think it is all sorted and then people get in one of their ears just as about to sign.
     
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  13. KayTea

    KayTea Well-Known Member

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    My ex and I agreed, and it was very easy to split up our assets. Plus, we knew that, even a small 'battle' would cost us, and any gains either one of us stood to make would be swallowed up by legal fees. So, I then took 'our' agreement to a family law specialist, along with our basic financial details - he took a look at it and was happy - everything seemed 'above board' - so it was filed and processed without any issues at all.

    Kept it a lot cheaper than it could have been, and made it quick and simple to deal with. So, it doesn't have to turn out badly.
     
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  14. WestOz

    WestOz Well-Known Member

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    Hey @iinvestor, sorry to hear what you're going through, been there, unfortunately too many of us have.

    Apart from all the emotional/financial etc crap your going through at the moment I trust your looking after yourself, PM me anytime if you need to vent, whilst there maybe present hatred/frustration with the ex, if kids their the innocent victims, their best interests come first, even if not perfect in your view
     
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