Can I Settle a Family Law Matter Out of Court?
It is common to hear about marriages and relationships breaking down and the couples going to court to resolve the disputes that arise. A court ruling is commonly needed to settle disputes over property, finances
and
child care when there are disagreements over what happens. But what if both parties can agree on issues such as property division, property
separation
and parenting? Is it possible to avoid going to court in these cases? Yes, it is possible to settle these matters out of court with the help of an experienced family lawyer. A family lawyer can provide the advice and the legal services necessary to create a settlement outside of court that protects the best interests of everyone involved.
What is the process of settling these types of disputes outside of court and eliminating the costs commonly associated with going to court? A family lawyer can meet with you to advise you of your rights as well as the responsibilities you have in your unique circumstance. The lawyer can also guide you through the entire process to help you reach a suitable agreement that allows you to avoid taking the issue to court.
Settlements for Property Division and Property Separation
Disputes over
property
division
are one of the most common reasons for court rulings after the dissolving of a relationship. In some circumstances, it is possible to avoid the costs and time necessary to have these issues determined by a court if there is an agreement between both parties in terms of property division. Legal documents such as Binding Financial Agreements and Consent Orders can be created to legalize agreements while eliminating the need to go to
Family Law court.
What is a Binding Financial Agreement?
A Binding Financial Agreement (BFA) is an agreement that can be put in place before a relationship begins, during the relationship, or after the relationship ends. A BFA can be made between couples whether they are De Facto, engaged or already married. They can be between couples who are opposite sex or same sex. A BFA is used to create an agreement that bypasses the Family Courts to determine how property and finances will be divided in the case the relationship fails. These types of agreements can save a lot of money in terms of costly litigation, but it is also important to know that a BFA can also waive the rights afforded by the Family Courts.
What is a Consent Order?
A Consent Order is a written agreement between the affected parties that can contain such things as parenting plans, financial concerns as well as property division. A Consent Order must be approved by a court and as such it has the same legal bearing as a ruling passed by a judicial hearing. Court approval of a Consent Order is necessary to ensure the best interests of any children are taken into account by the Consent Order.
Divorce and Separation in Western Australia
Divorce and separation can be overwhelming, and a good family lawyer will help you navigate through the forms and applications requiring your attention. They will also take the time to explain the process and what will be expected of you. There are many moving parts and the legal team you hire will assume the responsibility of making sure they run smoothly. This is two-fold – to provide effective and efficient representation, but also to relieve any stress and pressure that is unnecessary in an already tumultuous experience.
Married couples seeking
divorce can apply in two ways for a divorce, either in
partnership or as a sole-applicant. As a
sole-applicant you would have to prove that your ex-spouse is not available, and you are unable to connect with him or her to submit the application in partnership. To obtain a divorce and officially apply, you must meet a series of criteria. You must prove to the court your relationship has broken down irrevocably and you have lived
separate from your spouse for twelve months, plus one day. Living separately can include co-habiting the same house or property but have been leading separate lives unromantically. If you and your
ex have children together, whether it be biological, adopted or a foster child, you must have made custody arrangements satisfying the court’s expectations.
Take the time to find a reputable law firm with experienced lawyers who primarily practice Family Law. A legal practice such as My Legal Crunch has the knowledge necessary to help you find your best solution in a difficult time whether it is finding a resolution outside of court, providing mediation services or pursuing your case in court.
Contact My Legal Crunch today for your Family Law needs in Rockingham, as well as surrounding areas of Brisbane, Melbourne, Sydney and Perth as the legal
practice
offers offices and meeting rooms in a number of different locations to better meet client needs.