3 Comments Family & de facto law, financial agreements, consent orders
ok - so look he can. Nothing stopping him. BUT - what if? So there are a few what if's and they are ugly.
By the sounds of things you and the ex are getting along? All reasonable. Amicable? if so that takes some of the 'what if's' out of the equation.
So what if he transfers that money, you spend it and you call your solicitor and tell him you've changed your mind and have withdrawn from the agreement? What if the courts don't approve the agreement? (unlikely - but it does happen)
So while you can do it - Good legal advice is don't do it... in case something goes wrong... But the practical reality is - if you and the ex are working in good faith and it is mutually beneficial, then if both of you are agreeable to it, then no problem... Except for the superanuation, as you said..
I agree with above...
As unlikely as it is to get knocked back by the court in it's current form, there is always that risk... Other point is if there is a transfer of title involved, you will need court stamped orders to avoid the transfer costs..
Perhaps talk to your solicitor about entering into a simple financial agreement separate from these orders for a smaller amount to help you through... Just basically paying you xxx amount that is repayable on the day after settlement for example.