Seeking legal advice for a divorce application is crucial. It ensures you understand your rights and responsibilities, and helps navigate the process smoothly. We can help guide you through eligibility, relevant documentation, legislative time-frames, and filing, while protecting your interests.

Consent orders and binding financial agreements (BFAs) are two mechanisms for legally documenting the division of property and financial resources between parties following a relationship breakdown. Here’s how they differ:

• Consent Orders: These are agreements that have been approved by a court and thus have the same legal effect as if they were court orders made after a hearing. They can cover property division, spousal maintenance, and arrangements for children. Once issued, they are difficult to set aside and require a formal application to the court.

• Binding Financial Agreements: These are private agreements that do not require court approval. They can be entered into before, during, or after a relationship. BFAs can cover property and financial settlement, including superannuation and spousal maintenance. To be legally binding, both parties must have independent legal advice, and the agreement must be in writing and signed by both parties.

While both consent orders and BFAs are legally binding, consent orders are generally considered more robust, as they are less likely to be set aside by a court.

BFAs offer more privacy and flexibility but can be more vulnerable to challenges. It’s important to seek legal advice to determine which option is best suited to your circumstances.

Parenting orders set the framework for parenting arrangements post-separation. These orders, which can be agreed upon or court-issued, govern living arrangements, visitation, and decision-making for children’s welfare. They’re crucial for maintaining children’s stability and ensuring their needs are met.

Having clear parenting orders is key to managing co-parenting responsibilities effectively. They provide certainty and help prevent conflicts.

For assistance in formulating parenting orders that reflect your child’s best interests, please get in touch with us.

Sometimes, more complicated legal issues call for a more thorough consideration of your individual circumstances, resulting in a more protracted legal process.

As a result, it is difficult to determine a fair fixed fee structure in all cases. With that in mind an hourly professional rate of $330 for matters that require this extra level of service may apply.

If applicable to your particular case, this will all be discussed during our initial consultation with you.