Drafting property orders

Introductory note:
Final property orders should aim to end the financial relationship between the parties and therefore should refer to all relevant property of the relationship. The orders should be so unambiguous that the parties understand the steps they are expected to follow and therefore will be unlikely to need to return to court to dispute their implementation.

How to use this checklist:
This checklist is arranged by topic headings, with an introductory section outlining general principles that should be followed when drafting any orders.

Other notes:
These orders can be used both when drafting consent orders or a binding financial agreement but should be adapted to the circumstances of your case. Consent orders or financial agreements can be made for both married and de facto relationships, although different provisions apply to de facto financial agreements.

Links to related content:
For further information, see Just and equitable principle.