It is a common perception amongst parties to a family law dispute that if the parties agree on orders that the Federal Circuit Court of Australia and the Family Court (“the Court”) will automatically make them without hesitation.
This is not the case at all. The Court will only make orders in relation to property which they consider are “just and equitable” and in the case of parenting are “in the best interest of the child”.
The Court has adopted a four-step approach to resolve property disputes:
(1) Identify and value the assets, liabilities, and resources of the parties;
(2) Consider the contributions that the parties made throughout the relationship
(3) Consider the future needs of each party; and
(4) Determine whether the proposed settlement is just and equitable.
The Court will also determine if the parties have made “full and frank financial disclosure” to each other.
If the Court is of the opinion that the proposed orders have not followed the abovementioned process then they will most likely not be made, despite them being requested by way of Consent.
This is why it is so important that you obtain proper family law advice before entering into any sort of agreement with your partner.
It is not uncommon for clients to contact us with an Agreement drafted up wanting us as solicitors to simply “sign off” on it. This is not best practice and is not something we will do.
It is important that you obtain the right advice so that you can be in the best position possible in entering into any sort of Agreement with your partner.
If you or someone you know is going through a family law matter and requires legal advice you can rely on contact our Belinda Doyle today on 4627 3333.
This article was published on 30/8/24 and the information is valid only to the date of publishing. This article should be considered merely general and non-specific on the subject matter and is not and should not be considered or relied on as legal, advice. Meehans Solicitors is not responsible in the event this information is relied upon by the reader in the absence of specific legal advice.
