Believe it or not, most family law disputes are resolved amicably through negotiations by agreement.
Informal agreements can be formalised into enforceable court orders through the preparation and filing of a Form 11 Application for Consent Orders at the Family Court of WA. Legal advice is optional when entering into Consent Orders, but highly recommended to ensure your rights are protected while your exposure to risk and unintended consequences are minimised as much as possible.
If you are involved in proceedings at the Family Court of WA, you can resolve your case by agreement at any time up until a judicial determination is made. The case is finalised through the filing of a Minute of Consent Orders. The terms of any property order sought need to be just and equitable. If you are self-represented, you should obtain independent legal advice before agreeing to sign a Minute of Consent Orders. If you are legally represented, you may wish to consider getting a second opinion before signing the terms of any proposed Minute of Consent Orders.
Other options available to formalise a post separation agreement about financial arrangements include Binding Financial Agreements and Binding Child Support Agreements. You must obtain independent legal advice about the advantages and disadvantages of these documents before they are characterised as legally binding.
From time to time, situations arise where one party seeks to enforce the agreement against the other or set the agreement aside altogether. In those circumstances, you ought to promptly seek independent legal advice about your rights, obligations, and prospects of success.
If you have any questions about negotiating and formalising an agreement to suit your personal circumstances, please feel welcome to contact one of our family lawyers by emailing us at [email protected] or calling 08 6141 3227.