Elevate Family Law

Financial, Property & Parenting Arrangements

Financial and Property Arrangements Elevate Family Law

Financial and Property Arrangements

In regards to financial matters, you do not necessarily need to apply to court to divide your property. However, a formal agreement (consent order) enforced by the court will have the effect of formalising previous decisions. A binding financial agreement will prevent future disputes regarding parties’ assets. Once the Court has made the order final, it will be considered a binding property settlement setting out how your assets are divided with your former spouse.

Parenting Arrangements

Parenting plans can also be organised between parents outside of the Court. A parenting plan is a written agreement between parties which outlines details about the care and welfare of the children. These plans may need to be renegotiated as the child/ren age and as circumstances and needs change.

If parents are unable to reach an agreement through this method, a parenting order may be more appropriate to formalise an agreement. Parenting orders are legally binding and address a wide range of matters concerning the child e.g. when and who will pick up the child/ren from school and the child/ren’s living arrangements.

When you may need to go to Court

You will need to go to Court to apply for a divorce order, however parenting and financial arrangements do not need to be determined by a court for it to be valid or formalised. You will need to apply to the Court where it is unsafe to reach an agreement on your own. Additionally, Court intervention may be needed after genuine attempts to resolve your dispute has failed.

Dispute Resolution

In the event that a future dispute between you and your partner arises, there are still alternative methods of dispute resolution that do not require you to attend Court.

Dispute resolution is less costly and less time-consuming way of resolving your dispute. Dispute resolution encompasses various alternatives to Court such as:

  • Negotiation
  • Mediation
  • Arbitration
  • Conciliation
  • Family Dispute Resolution (FDR).

Dispute resolution can be used at any stage of separation nd as many times as needed to reach an agreement or to solve preliminary issues before applying to the Courts.

Family Dispute Resolution is a mandatory requirement before an application can be filed with the Court for parenting matters.

It may also be useful to seek the help of a family counsellor to assist your family in resolving the personal issues surrounding the separation.

Dispute resolution methods provide you and your partner with an opportunity to play an active role in resolving your dispute which may result in improving your relationship with each other. These services will provide you with an opportunity to learn how to communicate effectively with the other party and in turn make future decisions easier to resolve.

Through private mediation, you and the other party may have the option in having your child/ren participate (if age appropriate). This will give your child/ren an opportunity to have their voice heard in decisions concerning their livelihood and wellbeing. This course of action needs to carefully considered and may not always be appropriate where conflict is high

Other services to assist in reaching an agreement include the Family Relationship Advice Line, a Family Relationship Centre (https://www.familyrelationships.gov.au/) 1800 050 321.