Separation agreements

Once an agreement has been reached and a relationship does need to end, we can assist with documenting the separation either by way of Family Law Consent Orders or a Financial Agreement (for both defacto relationships and marriages).  Family Law Consent Orders can document agreed parenting and/or property arrangements.

This is a document that, once all agreed and signed, must be also be submitted to and approved by the Family Court. Once Consent Orders are made, they are enforceable and there are very limited grounds upon which they can be appealed, set aside, varied or discharged.

Financial agreements

Financial Agreements documenting separation can be entered into whilst parties are separated but not yet divorced, or even after a divorce. A Financial Agreement is a private agreement which can only document property and/or spousal maintenance matters and is not reviewed by the Court.

For a Financial Agreement to be legally binding, both parties must each receive independent legal advice in relation to a list of matters specified in the Family Law Act. There are also additional grounds upon which Binding Financial Agreements may be set aside which do not apply to Consent Orders.

If you have reached an agreement with your partner, it is recommended that you contact a lawyer to obtain legal advice before formalising any legal documents.  It is often the case that terms might need to be changed once further aspects of a particular case such as tax implications or maintenance issues are considered at length.