Separation can be a challenging and emotional time. Our aim is to settle your matter amicably by Consent Orders to save both time and money. If both parties are in agreement, then the best way forward is for the agreement to be drafted, signed and filed with the Family Court of Western Australia. Once the Court approves the written agreement also referred to as Consent Orders, there is no need to go to Court as the Consent Orders become the formal orders.
If you can’t agree, then the Court is forced to make the decisions for you and this can lead to lengthy and expensive court proceedings.
Unlike a BFA (Binding Financial Agreements), a Consent Order can cover both property & finance and parenting arrangements.
Parenting arrangements may include:
- who the child lives with
- how much time a child spends with a parent or grandparent
- day-to-day care of the child including welfare, education and development of a child
The Court takes the child/ren’s welfare very seriously. If the Court believes the arrangements are not in the best interest of the child/ren even though you both agree on parenting arrangements, then it will not approve the Consent Orders in relation to parenting arrangements.
Property and Finance Arrangements
Property and finance arrangements may include:
- assets & liabilities
- spousal and de facto maintenance
- splitting superannuation
The benefits of having formal orders in relation to property and finance are:
- orders may only be set aside in limited circumstances
- nominal stamp duty only on property transferred under Court orders
- capital gains tax rollover relief
The Family Court of WA will only approve the Consent Orders in relation to property and financial arrangements if it considers them fair and reasonable.
If you need advice in relation to any family law matter then please phone Kelly on 6162 8271 to make an appointment with one of our experienced family lawyers.