If you and your ex-partner agreed that your superannuation could be divided as part of a property settlement, you would apply for a consent order in a family court, and there are occasions when the court rejects the proposal. If this has happened to you, there are a number of reasons why a consent order might be rejected, which include all of the following:
- Incorrect Format – In the event, the family court decides that the format of the order is not satisfactory and does not blend well with law, they would reject the proposal and request that it be reformatted and resubmitted. When a consent order is rejected, there will be a reason given and if is regarding the format, a good family lawyer would redraft the consent order.
- Not Just and Equitable – If the Registrar is of the opinion that the consent order is nut ‘just and equitable’ it can be rejected, and if this is the case, you will have to sit down with your family lawyer and your ex-partner to come up with another agreement that is just and equitable.
- Not Compliant with Family Law – Obviously, family law has guidelines and if a proposal contravenes these guidelines, the Registrar would reject the consent order, which means you would have to make suitable amendments, which the court may explain.
- Incorrect Procedure – As with all legal matters, there are protocols that have to be followed, and if the court finds that this was not the case, they can reject the consent order. Of course, if you hire the right family lawyer, this would never happen, as they fully understand the protocols when dealing with family law.
- Lack of Contingency Clauses – If a Registrar feels that the agreement does not cover the numerous variables, this could be a cause of the order being rejected. The best way to ensure that this doesn’t happen is to enlist the help of a family lawyer, a legal expert who fully understands family law and always has your best interests at heart.
- Trustee Approval & Consent – When you wish to split your superannuation as part of a property settlement, the Trustee must approve and consent to the order, and if that has not been obtained, the proposal would be rejected.
Of course, the best way to ensure that the consent order is not rejected is to enlist the services of a good family lawyer, and with fixed fees and very fast results, you can move on to the next exciting chapter of your life.