The Legal Drafter

Key Takeaways Consent Orders and Binding Financial Agreements (BFAs) are both legally binding ways to formalise arrangements after divorce or separation, but they work differently. Consent Orders require court approval and can cover both property and parenting arrangements; a BFA…

Key Takeaways The Family Law Act 1975 no longer presumes that parents automatically share equal parental responsibility. Since May 2024, arrangements are decided on a case by case basis. The best interests of the child, particularly their safety, are the…

Making your property and parenting agreements legally binding should not drain your bank account. You have already done the hard work of reaching an agreement with your former partner. Now you need to know what it costs to make it…

Sorting out your property, finances and parenting arrangements after a separation is stressful enough. You and your former partner have finally agreed on the terms. Now you want it written up legally so you can both move on. This guide…

With the current strain on the economy, the high cost of legal representation coupled with the lengthy delays in the Family Court and Federal Circuit Court, more and more people are representing themselves in court to resolve their property settlement…

  *Here is how to identify and narrow issues in dispute… All parties are required to make frank disclosure to assist the Court in the determination of the dispute or the parties in the resolution of the dispute. Applications should…

Did you receive a requisition letter from the Family Court saying that your proposed Consent Orders “are unenforceable in that the Orders are not drafted in a manner capable of being made as orders of the Family Court”? If you…

Proposed consent parenting orders must be drafted as precise orders that are capable of being made as orders of the Family Court.  It is all too common for parties to attempt to draft their proposed parenting orders as a statement…

From 30 September 2019, parties seeking property and financial orders in the Federal Circuit Court Brisbane registry will only be listed before a Registrar on the first Court date and managed by a Registrar until the conclusion of the dispute…

What You Need To Know Before Signing a Binding Financial Agreement Where there is duress, undue influence or unconscionable conduct at the time of entering into a Binding Financial Agreement, the court will set aside the agreement. In the recent…