Family Law

The Family Law Act dictates the division of assets should be “just” and “equitable”, but this does not mean assets will be split 50/50 between parties. Factors that influence asset division include your current assets, current and past income, health, age, and whether you are responsible for children, will all be considered when deciding on the separation of assets or possessions. Once an agreement has been reached, the court will decide how assets should be divided. 

A co-parenting agreement allows both parents to continue to make individual and joint decisions for their children until they reach 18 years of age. It does not include time, as a court will decide on particular custody arrangements. Co-parenting encourages separated couples to share the responsibilities of raising their children, and when an agreement is well-established and adhered to it can truly succeed in delivering the best outcomes for all involved.

As a Binding Financial Agreement is a legal document, it is presumed binding as long as statutory requirements are met and the making of the agreement was not compromised by particular circumstances. In order for such an agreement to be binding, both parties must enter into the agreement of their own free will, ensuring they are fully informed of their rights and responsibilities. A Binding Financial Agreement does not become valid until both parties confirm they have sought their own independent legal counsel.

Mediation can help resolve disputes arising during divorce proceedings. It involves enlisting an independent third party, known as a mediator, to help the divorcing couple reach an agreement. Mediation might include developing a Parenting Plan to cover the care of children, engaging Family Dispute Resolution (FDR) prior to court proceedings, and establishing a consent order to make agreements binding. Resolving disputes through mediation can help lower expenses, save time and allow both parties greater involvement in the process and in the outcome.