Formalising Family Law Settlements

At ALG we aim to provide long term, sustainable solutions for our clients in order to minimise the need for you to return to lawyers and litigation again in the future.

You should always obtain legal advice about the best way to formalise your parenting and financial affairs.

Formalising family law property settlements is important for obtaining stamp duty exemptions, superannuation splits and protecting yourself against future claims from your former spouse or partner. All too often, we experience parties who had reached an agreement with their former partner in the past, but did not properly formalise this agreement. This usually leads to parties having to go to Court about a further division of assets at a later stage. This can have significant consequences for parties who have moved on and increased their property pool since that agreement. This often leaves parties stressed, lost and confused about the process.

Our lawyers are here to assist you by explaining your options when formalising your Family Law agreement and considering the benefits and any negatives of each option relative to your circumstances.  The ALG Family Law team is easily approachable, answering all questions family law related and taking the time to obtain every detail to provide advise tailored to your individual situation. We are there to ensure that you and your children are best protected for the future

It is also important to consider formal documents reflecting agreed parenting arrangements. Formalising the agreement can assist by avoiding confusion, providing consistency to the parents and children, and to ensure there is a document evidencing the arrangements in case there are any issues in the future. Our experienced Family Law solicitors will work with you to explore the options available to you and to consider which options is best for your children.

Consent Orders

Parenting and Family Law property settlements can be formalised through Consent Orders, by filing an Application with the Family Court of Australia. The Application can be filed electronically and considered by a Registrar who makes the Court Orders. In most circumstances, no Court appearance is necessary.

Consent Orders are legally binding once made and are difficult to change. Having a lawyer draft the Application and Consent Orders is important as it is essential that the Orders are worded correctly, or the Registrar may refuse to make the Orders or worse, you risk the Orders being unable to be enforced.

Parenting Plans

Parenting Plans are not legally binding documents. They are an agreement between parents and other important people in children’s lives about the arrangements for children. Parenting Plans can be as detailed and as simple as you want them to be.

At ALG we can assist you with negotiating and drafting a Parenting Plan. They are helpful documents to plan for during school term time, school holidays and special occasions.

Our child-focused lawyers will work with you to ensure that provision is made for all potential problems that may arise in the future. We are here to simplify the process for you and to put into writing the arrangements that you and the other parent have agreed are in the best interests of your children.

Binding Child Support Agreements

Parents can negotiate agreements about Child Support that differ from the Child Support Agency’s assessment.

The ALG family law team are experienced at formalising Child Support Agreements and registering the agreement with the Child Support Agency. We recognise that Child Support can be a very sensitive topic and we will support you through negotiations and drafting variations to Child Support arrangements and Binding Child Support Agreements.

Binding Financial Agreements (BFA’s)

Binding Financial Agreements (“BFA’s”) are contracts between parties to a marriage or de-facto relationship.

BFA’s can be signed at the start of a marriage or relationship (commonly known as the US term, ‘pre-nup’), during a relationship, or following separation. They can be used to obtain exemptions from stamp duty and superannuation splits.

As BFA’s are not sent to the Court for approval, there is a level of risk of such agreements being overturned at a later stage by the Court however, in some circumstances, they can be a suitable option where the parties have reached an agreement that may be outside of what a Court would generally do. Both parties to a BFA must be independently legally represented.

Contact our Family Law Team on 02 4220 7100 to arrange a free 30min consultation with one of our experienced Family Law solicitors.