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Do I have to go to Court if I’ve separated from my partner?


Simply put? No.

 After separation, there are usually two situations that arise:

  • Both you and your partner engage lawyers to negotiate a fair settlement on your behalf; or
  • You have already come to an agreement that works for both of you and are not sure how to make it legally binding.

Court proceedings would only be necessary if the negotiations have failed and it is unlikely you will agree in the future without the assistance of the Court. In the majority of matters, however, a mutual agreement is made and just needs to be formalised.

To formalise your agreement, there are two options: Application for Consent Orders or a Binding Financial Agreements.

 
Consent Orders
BFA
Finalises property/financial matters
Yes
Yes
Finalises children’s matters
Yes
No
Is it legally binding?
Yes
Yes
Is reviewed by the Family Court
Yes
No
Can be prepared and finalised privately between Solicitors
Not necessarily Yes
Do you have to have independent legal advice before finalising?
Not necessarily Yes

Ultimately, the best way to finalise your settlement will depend on your individual circumstances. At Anchorage Legal, our experienced family lawyers can provide you with detailed advice about which agreement will best suit your circumstances.

If you would like to discuss your options after separation, please do not hesitate to contact us to speak with one of our family lawyers.


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