What are our Family Law services?
Consent Orders are simply court orders that you don’t have to go through the court to get.
They are what they say they are – orders by consent.
They can apply to both parenting arrangements and property settlements.
If you and your former partner/other parent agree to what you want to happen, you can make an application to the court to make your orders by consent.
Your lawyer will prepare an application and orders, and they will be sent to the other person (or their lawyer) to check and sign.
Your lawyer will then sign it with you and file them with the Federal Circuit and Family Court of Australia (‘FCFCoA’) via the online portal.
There is no set timeframe within which the courts will have your sealed (approved) orders back to you, but it is usually within a number of weeks.
Consent orders are legally enforceable as they are court orders.
You can use them as evidence of parental rights and responsibilities with schools, medical services, and other authorities regarding your children.
You can also use them as evidence for the banks and state authorities if transferring real property (houses) between you. These orders will potentially reduce or remove the cost of stamp duties when transferring properties, which can save you tens of thousands of dollars!
Binding Financial Agreements
Binding Financial Agreements (‘BFA’s) are essentially a ‘private contract’ between you and the other person in which you ‘opt out’ of the Family Law Act 1975 (Cth) and enter into your own personal agreement.
BFA’s can be used for prenuptial and cohabitation agreements, setting down what you propose to happen to your assets in the event you ever separate.
BFA’s can also be used in lieu of consent orders but most legal practitioners will avoid this option. Although post-separation BFA’s can be used to avoid stamp duty, like consent orders, they are usually only utilised in cases where the agreement between the parties would not meet the ‘just and equitable’ test in the courts.
At JP Family Law & Mediation, we will only work with prenuptial BFA’s, as well as Binding Child Support Agreements (‘BCSA’s’). BCSA’s are used when families wish to ‘opt out’ of the administrative child support assessment, and create their own unique agreement. BCSA’s do have a place and can be more appropriate for certain families.
BFA’s are fraught with risk if not drafted thoroughly and with care. If you wish to speak to us about a possible BFA, please book an initial consultation today.
Collaborative Practice and Negotiation
Collaborative practice is an innovative and fresh way of working through any type of legal matter – but especially family law.
In collaborative practice, we essentially form an agreement with you, your former partner, and their lawyer, that we will work openly and transparently to achieve the most suitable outcome for you and your family.
Unlike traditional negotiation (which we also do), collaborative practice isn’t sneaky or strategic. We don’t hide our advice. We share our advice with you and the other side, and they do the same. We work together to bring the two of you to a resolution that meets as many of your wishes for the future as possible, whilst remaining just and equitable for all the people involved. It’s like negotiation and mediation, together, and on (legal) steroids.
If you have complex issues with children, property or finances, we can bring in neutral experts on those areas who work together with you both to consider the best options available.
We love working in this way – it’s law with heart.
If you want to talk more about this option, please book your initial consultation today!
As an accredited family dispute resolution practitioner, Jess Purcell can mediate your family issues and facilitate you and the other person forward toward a resolution.
At JP Family Law, we are passionate about mediation, because it gives the power back to YOU! We aren’t here to decide what you need to do and what outcome works best for you. We just want to guide you to work together to formulate your own outcomes, and own future.
The best part of mediation is that, even in the worst case scenario, you will learn so much about the ‘why’ behind the issue. Even if you walk away without a final resolution, just knowing more about why the other person doesn’t agree with you gives you so much more power and capacity moving forward to work toward that better outcome you are seeking.
Head to the Fees & Bookings page to book your mediation today.