What are consent orders?
When separating, parties can formalise their property settlement and future arrangements for their children in one document called ‘Consent Orders’. To enter into this document, you and your former spouse need to come to an agreement, but we can help you get to that agreement. Once that agreement has been reached, parties will sign the documents and we will send them to the Family Court of Australia to review. Because the Family Court of Australia review and seal the document, this helps protect you in the future with a much more binding document! Why we love consent orders – because you and your former spouse don’t need to attend court! Saving you time, stress and money!
What is a divorce application?
A Divorce Application is simply applying to the Federal Circuit Court of Australia for a Divorce Order declaring you and your former spouse are officially divorced and can remarry. It does not have anything to do with property settlements or parenting arrangements which require a different process (i.e. Consent Orders or a Binding Financial Agreement). Hint – if you and your former spouse can agree to sign the Divorce Application together, you will not need to go the extra step of complying with the Family Court Rules of serving the Application on the other party.
What is a binding financial agreement / Pre Nup?
Often known as a ‘BFA’, ‘Separation Agreement’ and/or ‘Prenup’, this is the second and only other way (by agreement) you can formalise your property settlement matters pursuant to the Family Law Act 1975. Most of our clients enter into these documents wanting some clarity as to what happens with the assets accumulated during the relationship in the unfortunate event they separate, or are separating and want to formalise how the assets are divided.
This document is designed for parties who are:
- About to enter into a de facto relationship;
- During a de facto relationship;
- After a de facto relationship ends;
- Before a marriage;
- During a marriage; or
- Following the breakdown of a marriage.
Why we love BFA’s – because unlike Consent Orders (discussed above) the agreement reached by the parties does not have the scrutiny of the Family Court and therefore can be much more custom and unique with just as much protection!