The Undesirability of Appeals in the Family Court
Recently, we have had a number of cases where parties have good prospects to appeal, but
Call us on
Call us on
Part 4 – Finalising the Property Settlement Deal
This is the final part of the 4 part series on Understanding the Basics of a Family Law Property Settlement. To read parts 1, 2 and 3 please click here Part 1, Part 2, Part 3.
Once an agreement has been reached in your property settlement it is extremely important to make sure the agreement is recorded in a binding manner so that it has force and effect at Law.
Can’t my ex-spouse and I just sign a piece of paper or exchange emails recording our settlement – will the Court enforce that?
The short is answer is no. Whilst, normally, verbal and handwritten contracts are enforceable this does not apply when doing a property settlement arising from the breakdown of a marriage or de facto relationship.
There are only three ways in which a deal can be made binding and final. Each of these methods is briefly discussed below.
Order made by a Judge
This is the least attractive method and involves parties litigating in Court and the Judge eventually making an Order for property settlement. Such a method should be avoided if at all possible.
Consent Order
This is the most popular method used by parties to record their property settlement deal.
It requires an Order to be drafted and signed by the parties and this needs to be lodged in the Court with an Application seeking the approval of those Orders. The Court then considers the Orders and if they are of the view that the Orders are just and equitable, a sealed copy of the Orders will issue.
Until the Orders are approved and stamped by the Court then what you have written or signed is not binding. Whilst, a handwritten memo, exchange of emails or a verbal agreement may have some impact in future Court proceedings, such methods do not finally resolve your property settlement.
A Consent Order needs to be carefully drafted and filled out together with the Application for approval of the Orders. The documents are not straightforward and it’s important to get the Order right and in all cases you should seek the help of an Accredited Family Law Specialist to prepare and finalise your Property Settlement Orders.
Binding Financial Agreements
A Binding Financial Agreement can also be used by parties to finalise their property settlement deal. These Agreements can be done before marriage, during marriage but also after separation. It is effectively a Deed of Agreement that is done pursuant to Sections of the Family Law Act and the Agreement must strictly comply with those sections for it to be binding and enforceable.
In most cases at the end of a relationship, Lawyers choose to use Consent Orders but there can be some situations where a Binding Financial Agreement can and / or should be used.
A Binding Financial Agreement requires both parties to receive independent legal advice about the nature and effect of the Agreement and for Lawyers to sign-off Certificates and provide independent legal advice to each of the parties.
If the Agreement is done properly and in accordance with the Family Law Act then it will be binding upon both parties.
The above three methods are the only ways to finally resolve your property settlement in a binding and enforceable manner.
Can’t my ex-spouse and I just sign a piece of paper or exchange emails recording our settlement – will the Court enforce that?
The short is answer is no. Whilst, normally, verbal and handwritten contracts are enforceable this does not apply when doing a property settlement arising from the breakdown of a marriage or de facto relationship.
There are only three ways in which a deal can be made binding and final. Each of these methods is briefly discussed below.
Order made by a Judge
This is the least attractive method and involves parties litigating in Court and the Judge eventually making an Order for property settlement. Such a method should be avoided if at all possible.
Recently, we have had a number of cases where parties have good prospects to appeal, but
It is probably commonsense and goes without saying, but in so many matters we have clients
The Family Law Amendment Bill 2023 (Cth) which was passed on 19 October 2023 will result
The Privacy Statement of the Company is incorporated into these Terms and Conditions. The Company respects the privacy of all its customers and business contacts. The Company is subject to the requirements of the National Privacy Principles which are contained in the Privacy Act.
1. How is personal information collected?
Your name, email address and phone number are collected on the contact form to allow the Company to contact you.
If you email or phone the Company directly, then the Company may record your personal details.
Your personal information may be used to:
a) Improve service to you, the customer
b) The Company may use personal information about you for marketing and research purposes. If you do not wish this to occur, please contact us and we will ensure this does not occur
c) Your personal information is not disclosed to any organisation outside of the Company.
2. Will personal information be given to anyone else?
The Company does not sell or provide your personal information to any other company.
3. Security of personal information
The Company employees are required, as a condition of their employment, to treat personal information held by the Company as confidential, and to maintain the confidentiality of that personal information.
The Company protects the personal information it collects in a secure database.
4. Access and correction
You can access your data at any time by contacting the Company directly.
You also have the right to ask us to correct information about you which is inaccurate, incomplete or out of date.
We ask you to contact the Company by email or phone using the Company contact details if you wish to access or correct any of your personal details.
5. Online privacy issues
To the extent that this Privacy Policy applies to online privacy issues, it is to be read as forming part of the terms of use for our website. When you deal with the Company whether online or otherwise, the Company takes its privacy obligations seriously.
6. Additional privacy information and how to contact the Company
The Company may change its Privacy Policy at any time.
For further information about privacy issues and the protection of privacy visit the Australian Federal Privacy Commissioner’s website at www.privacy.gov.au. If you feel that The Company is not complying with this Privacy Policy, or if you have other privacy concerns, please contact the company.
