Amicable Family Law Agreements
By your expert Ipswich Family Lawyers
How to resolve youR family law matters amicably without going to Court:
In most cases avoiding Court is highly desirable to spare you and your family the stress, costs, delay, and uncertainty that comes with the Family Court process.
The family lawyers at Millwater Tyrrell Law will always attempt to resolve your matter by agreement rather than Court, unless Court is the necessary option for your case.
There are various circumstances where Court is necessary, such as urgent parenting cases to prevent harm of a child, or perhaps to prevent the wastage or destruction of assets in some property cases. If you believe there is an urgent need for applying to the Court you should seek legal advice and act accordingly, however in the absence of some urgency, read on for a summary of the different options for family matters amicably by agreement.
Amicable Parenting Arrangements fOR CHILDREN:
A verbal agreement for parenting arrangements can in some circumstances work, however with the uncertainties and progression of life events it is strongly advisable to document and formalise parenting arrangements while the situation is amicable.
The options to document parenting arrangements are: -
A Parenting Plan
Court Consent Orders
Parenting Plans:
A Parenting Plan is a document that is signed by the parties and contains the agreed parenting arrangements for the children.
To ensure the Parenting Plan comprehensively covers all relevant issues it is recommended that it be drafted by a family lawyer.
Parenting Plans are not legally binding documents and do not have the force of a Court Order. Parenting Plans are however a useful document in that they record and express the arrangements for the children and the intentions of the parents for the best interests of the children. If there is a future need for a Court to intervene on parenting arrangements, the Court will consider the terms of the Parenting Plan.
In many situations a Parenting Plan can be the best option, particularly where one or both parties do not wish to effectively lock the parenting arrangements into a Court Order. A Parenting Plan can give a degree of flexibility and can more easily be reviewed into the future than a Court Order.
Court Consent Parenting Orders:
A Court Consent Order for parenting arrangements can be obtained without the parents actually attending Court. The process is that the agreed parenting arrangements are prepared into an Application and Consent Orders, they are signed by the parents, filed with the Court, and then are sealed by the Court if the Court considers the arrangements are in the best interests of the children.
Once the Court seals the Consent Orders, they become a final and binding arrangement that can be enforced. It is possible to change a Court Order in circumstances where there is a significant change in circumstances and it is in the best interests of the child. As Court Consent Orders are intended to the final, it is important to consider the effect of the Orders prior to them being made and having an experienced family lawyer draft the Orders is recommended.
Amicable Property Settlement:
It is far more affordable in terms of legal expenses (not to mention reduced stress) when parties have an amicable agreement for dividing their property after separation. We encourage and support amicable agreement for property settlement to the highest extent possible, however it is also important to ensure you understand your entitlements, and then ensure the property settlement is documented in a way to give certainty that you will retain your intended share of the property into the future.
There are two ways to document a property settlement in a binding and final way:-
A Financial Agreement
Court Consent Orders
Financial Agreements:
Financial Agreements require both parties to engage a lawyer. The lawyers must provide their client with advice prior to signing the Financial Agreement. The lawyers must then sign certificates to say they have provided the required advice to their client for the Financial Agreement to be binding.
There are many and various requirements for Financial Agreements which are well outside the scope of this brief summary. Financial Agreements are commonly used where either party wishes to either seek or prevent a payment for Spousal Maintenance. Given the very complicated nature of Financial Agreements it is necessary that you seek the advice of an experienced family lawyer to determine if a Financial Agreement is the best way to formalise your family law property settlement in an amicable way.
Court Consent Property Orders:
Similar to Court Consent Parenting Orders, a Consent Property Order occurs by the parties signing and filing a joint Application and agreed Consent Orders. The Court considers the documents, and if the Court considers the property division is just and equitable, the Court will seal the Orders making them final Orders.
Court Orders for property settlement are quite technical as in many cases they involve the transfer of real estate or splitting of superannuation. It is most strongly recommended that the Orders be drafted by a family lawyer, as drafting Orders involves various complicated considerations including obtaining searches, reviewing relevant documents and then drafting the Orders in a way to ensure they give the desired property division.
Amicable Joint Divorce Applications:
A Divorce can be applied for solely by one party, or joint by both parties signing the required eFiling Affidavit.
By applying for Divorce jointly, as well as promoting an amicable resolution, the process of the Divorce is made more streamlined as neither party will be required to attend Court in most joint Divorce Applications.
Even if there is amicable agreement, time limits are important:
There are strict time limits that apply for property settlement for married or de facto couples:-
Married couples must file Court documents within 12 months of a Divorce Order becoming final.
De facto couples must file Court documents within 2 years of separation.
In some limited circumstances a Court can grant an extension of a time limit, however all possible action should be taken to finalise or file Court documents within the applicable time limitation.
If you have any concern that your time limitation is approaching or has passed you should act with urgency to seek immediate legal advice to protect your interests.
IF AGreement not reached: pre-court procedures
The Court rules require that parties make a genuine attempt to agree prior to starting Court proceedings.
It is important to comply with the necessary Pre-Court Procedures before filing Court documents.
Amicable family law resolutions preferred:
After many years working in this area of the law, our family lawyers are acutely aware of the benefits to families of resolving their separation by agreement in an amicable way if possible. Family law circumstances are invariably difficult and stressful times for all involved. Our focus is to move parties and their family forward in the most positive way possible. This is particularly important to help minimise the impact of separation on children of a relationship.
The brief summary in this article of the various ways to amicably document your family law arrangements is in no way intended to be comprehensive or relied upon in the absence of legal advice. We provide this information in the hope of starting a conversation about the options for amicable family law resolution. We are keen to continue this conversation with you about how to resolve matters amicably and move forward in a positive way.
Our initial consultations in person or by telephone are provided at no charge. We are an Ipswich based law firm with over 30 years of combined experience in family law. If you would like to discuss your options for an amicable, affordable, and Courtroom-free family law resolution do not hesitate to contact one of the partners of Millwater Tyrrell Law.