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Hi, if you do not sign a BFA - Binding Financial Agreement (property settlement recognised at law and by the Courts), or obtain Court orders regarding the property settlement by consent (as you have stated this is an amicable separation) - then, your property settlement is not binding.. and if for any reason you won the lottery, or obtained an inheritance, you ex could stake a claim....
If you do not do either of the above... on top of not having a binding settlement, the transaction will not be eligible for any stamp duty exemption.
Please advise how you decide to proceed, and I can advise the steps to take...
Bernard, how long ago was the separation? assuming more than 2 years have past, your ex partner cannot apply to the Court (by themselves) without explaining the delay and obtaining the approval of the Court... so if you did nothing, your ex partner does not have an automatic right to apply to the Court (by themselves, without your co-operation).
Yes, Family Law Act applies to all de facto couples in Australia after 1 March 2009.
Where the application is by agreement or consent of both parties, even if it has been longer than 2 years, I assume the Court would not have any issue with issuing the Court Orders (if they are fair and reasonable).
Bernard, you have opened a second query without accepting my answer to your first query... please accept and rate my response.
To help with your additional query, once the consent orders are approved by the Court... your ex has no claim regarding your future finances. That is the end of the matter.
Kind regards, James
Do you need anyone to view your consent orders prior to lodgement? Has a lawyer helped prepare them?
Do you need assistance to transfer the share in the Property after the consent orders have been approved by the Court?