Make Your Divorce Property Settlement Official: Getting a Consent Order or Divorce Financial Agreement in Brisbane
At Divorce Partners, we believe that amicable divorces are always better than contentious ones. With long divorce battles, spouses often spend a lot more money for inferior results. With our model of collaborative divorce mediation and negotiation, it痴 possible to reach a more mutually beneficial divorce agreement in less time and for less money. Even if you do arrive at an amicable divorce agreement with your spouse, though, you will need a legally binding divorce property settlement to make it official in Brisbane and throughout Australia.
Understanding the Different Kinds of Legally Binding Divorce Agreements
There are two ways to make your divorce settlement legally binding: consent orders and divorce financial agreements. At Divorce Partners, we not only help our clients negotiate amicable divorces, but we can also assist you in preparing these documents to be formalised. The question is, what are the differences between these divorce settlement documents.
Let's start with the consent order. If you decide to pursue a consent order in Brisbane, it probably means you and your spouse have already agreed to arrangements for finances, property or parenting. To get the agreement formalised and make it legally binding, you will need to apply for a consent order. The Family Court of Australia is responsible for granting consent orders. The court will need to be satisfied that the agreement is equitable and in the best interests of children if any are involved. Provided the settlement is fair, though, the Family Court should agree to make it legally binding via consent order.
Consent orders are so named because they represent both permission and an order. On the one hand, the Family Court is permitting you to go ahead with your proposed divorce agreement. On the other hand, the court is ordering you to execute the accord as outlined and approved. Because the court has closely scrutinised the document, there is little chance of either spouse challenging the record later. In other words, getting a consent order makes it very difficult for one party to change his or her mind about the financial, property or parenting decisions outlined in the document.
If you get a divorce financial agreement in Brisbane, though, you will not enjoy the same level of peace of mind. This type of document is formally referred to as a Binding Financial Agreement. It is typically the type of agreement that comes out of more contentious divorce proceedings. In such a situation, each party has a lawyer and the lawyers go back and forth to prepare the document. The court then approves the divorce and the contract, but without the same level of scrutiny, that consent orders receive. As a result, BFAs are much more likely to be challenged or reopened later.
Get a Consent Order in Brisbane Today
As you can see, if you want a genuinely binding divorce property settlement, financial settlement or parenting settlement in Brisbane, your best bet is to get a consent order. At Divorce Partners, we can help you negotiate your divorce without lawyers and prepare your consent order to be formalised. Schedule a free consultation to learn more.
For more information or find out how to get started talk to us today.
Call us on: 1300 975 994
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