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Consent orders - independent legal advice

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ninjawalrus View Drop Down
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  Quote ninjawalrus Quote  Post ReplyReply Direct Link To This Post Topic: Consent orders - independent legal advice
    Posted: 16/November/2017 at 10:18
First time poster short time lurker.

My question relates to the statement of truth documents and statements of independent advice.

Recently my ex (wife) and I separated and have negotiated a settlement, agreeing on a split (only slightly in my favour) with me paying her a round figure, the percentage happens to be how it fell.

I have filled the application out myself (eFile) and had order written to the effect of the application.

The papers are now with her to sign the orders and the statement of truth. She's dragging her feet a for about a month and has only now gone back to her lawyer to ask what boxes she will need to tick on the statement of truth, albeit fairly straight forward that's what she says...

We have both received independent legal advice - my question is around ticking the box which states:
"I have had independent legal advice on my relevant rights under the Family Law Act and the effect and consequences of orders being made in the terms proposed."

If this box is selected, is it then mandatory to attach the statement of independent legal advice or if I submit without this will the registrar simply reject, or follow this up in future?


My reason for asking is I want this done sooner rather than later so I can be satisfied in this being final or at least giving the ball the momentum it needs, currently she has not given anything back to me signed but I feel if I ask for yet another piece of paper to be signed I might be waiting another month for her to get it done.

Thanks in advance!

Edited by ninjawalrus - 16/November/2017 at 10:19

emca01 View Drop Down
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  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 16/November/2017 at 12:19
The paperwork needs to be signed by a solicitor to prove that independent legal advice was received. So ticking the box ain't enough, from memory there is also a section for the solicitor's to fill out.

Wait another month or two... Not that long in the grand scheme of things. You could write to her solicitor asking for the paperwork to be completed.... This might be a case of gently gently so the whole deal doesn't fall apart.

ninjawalrus View Drop Down
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  Quote ninjawalrus Quote  Post ReplyReply Direct Link To This Post Posted: 16/November/2017 at 12:43
Thanks!

Ok thought that might be the case. If I were to write to her solicitor directly, is her solicitor obliged to provide this to me or can she contact my ex and my ex deny that she provide this?

Edit: I found the form I was looking for.



Edited by ninjawalrus - 17/November/2017 at 15:56

ninjawalrus View Drop Down
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  Quote ninjawalrus Quote  Post ReplyReply Direct Link To This Post Posted: 17/November/2017 at 15:54
I have a few follow up questions - under "Certification of consent orders", where it states


1 - certification of consent orders
We certify this to be a true and correct copy of the Consent Orders dated the ___________ day of ___________________________20___ and signed by the parties herein.


Does this date get filled in by the registrar?

2 - certification of consent orders
This page also asks for signatures, my ex has signed everything except for this page, should we both be signing this before the application is submitted?


3 - statement of truth
My ex has NOT ticked the box which states "For an order or injunction binding on the third party - I have read and considered Part VIIIAA and in the case of a de facto relationship also section 90TA of the Family Law Act."

I had the impression this would need to be ticked, in what instance would you not tick this?

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