Simply put? No.
After separation, there are usually two situations that arise:
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.
