Financial Agreement (Property Settlement ) under the Family Law Act 1975
- We specialise in drawing up binding Financial Agreements (Property settlement) between married couples or parties in a de facto relationship:(i) before parties entering in a relationship (pre-nup) (ii) during the relationship or (iii) when the relationship has broken down.
- As an alternative to Financial Agreements, we undertake Consent Orders from the Court. We prefer Consent Orders to Financial Agreements. Consent Orders are less likely to be challenged by a party than a Financial Agreement.
- If parties cannot agree on property distribution, we arrange mediation (through a Family Dispute Resolution Practitioner) and if parties agree at mediation , we apply for Consent Orders in the Court, the parties save substantial legal costs, without the need to go to court.
- If parties still do not agree, then , as a last report , we file an application for Final Orders in the Court.
- The paramount consideration in parenting arrangements is the best interest of the child.
- The simplest way in which parenting arrangements can be agreed between the parents is by signing a Parenting Plan. While a Parenting Plan is not a legally enforceable agreement as such, to be recognised by law, a Parenting Plan needs to be written, dated and signed by both parties. We can draw up Parenting Plans at a very reasonable cost.
- If parties agree on parenting arrangements for their child, we can make an application for Consent Orders in the Court, without the parties having to go to court, saving substantial legal costs.
- If parties cannot agree on parenting arrangements, we arrange Family Dispute Resolution Conference by a Family Dispute Resolution Practitioner to assist the parties come to an agreement.
- We only file for Orders in the court on an unilateral basis, as a very last resort.
Is your child at risk of being unlawfully removed from Australia?
We can file in the Court, at short notice – including urgent application to seek urgent Orders to give authority to the Australian Federal Police to put the child’s name on the Family Law Watchlist (Airport Watchlist).
We have experience to handle all divorce matters. Issues to watch include:
- The parties must have been separated for 12 months before an application for divorce can be filed.
- If parties separated but then resumed cohabitation, the period of cohabitation can be aggregated as one continued period of separation, provided that the parties did not cohabitate for more than three months.
- If parties have been married for less than two years, we can arrange for mandatory Counselling Certificate from a Family Counsellor to complete the application for divorce.
- A Divorce Order made by the Court becomes final one month and one day after the date it was made.