To prepare your application for filing at the Family Court, you will need to supply to the court all supporting documentation.
Here is a guide on what you require for filing your Family Court Consent Orders:
Family Court Consent Orders Checklist Items
1. Marriage Certificate
(for those who were or are still married) or Affidavit of Jurisdiction (for those who were in a de facto relationship in Western Australia).
The Family Court is for families. Therefore, you need to establish jurisdiction and you can do so by providing a copy of your marriage certificate or an affidavit of jurisdiction for de facto couples (for couples within WA) or a copy of your certificate of registration of de facto relationship (for couples outside WA).
TIP: You don’t need to be divorced to sort out and lodge your consent order application in the Family Court.
2. Application for Consent Orders with Minute of Consent Orders.
Create your Personalised DIY Minute of Consent Orders FAST with our interactive questionaire for ONLY $139.95
3. Filing Fee
Payment is made online through the relevant Family Court website. For applicants in Western Australia, the Family Court uses the eCourts Portal of Western Australia to process documents and payments at https://ecourts.justice.wa.gov.au
5. Title Search
This is required if you are seeking court orders dealing with real estate.
A small fee is payable for the title search. Title searches are available for purchase from the following authorised Australian land registries:
For Western Australia, go to Landgate www.landgate.wa.gov.au
For New South Wales, go to NSW Land Registry Services www.nswlrs.com.au
For Australian Capital Territory, go to ACTLIS https://actlis.act.gov.au
For Northern Territory, go to NTLIS www.ntlis.nt.gov.au
For Victoria, go to LANDATA www.landata.vic.gov.au
For South Australia, go to Land Services SA www.landservices.com.au
For Queensland, go to QLD Department of Resources www.resources.qld.gov.au
For Tasmania, go to Land Information System Tasmania www.thelist.tas.gov.au
6. ASIC Search
– This is only required if you are seeking Family Court consent orders dealing with companies.
You need to show the Family Court that you are the owner of the company before asking the court to make an order about the company. You can obtain an ASIC search of your company from www.asic.gov.au
7. Trust Deed
This is only required for Family Court consent orders dealing with a private trust. A copy of the trust deed is usually held with your accountant.
8. Superannuation Member Statements
Providing the court with your two most recent superannuation member statements is highly recommended for all superannuation splitting orders. If the statements are not lodged with your application, the court may write to you and ask for them.
9. Superannuation Letter
This is required for all superannuation splitting orders.
Superannuation held in a commercial super fund does not belong to the parties but rather it is held on trust by a trustee for the benefit of its members.
If you want a court order to “split” superannuation from one party’s super fund to the other party’s super fund, you should provide to the Family Court a letter from the superannuation fund’s Trustee which states that the Trustee has no objection to the proposed orders being made.
If you are transferring part or all of one party’s super to the other spouse and you require the letter of no objection from a commercial super fund, a guide on how to obtain the letter is as follows:
(a) First, you need to prepare the Minute which incorporates the superannuation splitting order. Specific wording is required for superannuation splitting orders. Templates (for commercial funds or for self-managed super funds) can be purchased from the Cart.
(b) Second, find the address where you can write to the Trustee of the superannuation fund. Most funds will have their postal address on their website or you can make a phone call to the relevant superannuation fund.
(c) Third, draft the letter to the superannuation fund addressed to its Trustee. Ask the fund if the Trustee has any objection to the proposed Minute being made by the Family Court and request a response from the Trustee. A sample of this letter can be purchased from the Cart.
(d) Fourth, send the letter to the Trustee and wait for a response. The superannuation fund will usually take a few weeks to respond to you. If the fund asks for any changes to the Minute, prepare the changes in accordance with the letter. If the fund confirms that there is no objection, the letter should be filed at the Family Court as part of your supporting documentation.