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Monday, December 5, 2022

The Importance Of Formalising Your Family Law Agreement

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It is important to formalise your family law agreement so that the court can enforce it. This means that if one party does not comply with the agreement, the other party can take them to court and ask the court to order them to comply. 

If you have an informal agreement, it may be more difficult to enforce. You might need a family law Adelaide for this matter.

You can  formalise your agreement by either:

  • registering it with the court; or
  • having it made into a consent order.

If you register your agreement with the court, you need to apply for registration and a copy of the agreement with the court. The court will then issue a certificate of registration. This means that your agreement is now a formal court order and can be enforced by the court.

If you want your agreement made into a consent order, you must apply for a consent order with the court. You also need to file a draft consent order and an affidavit setting out the background to the agreement and why it is in the best interests of the child/ren. 

The court will then review the agreement and, if it is satisfied that it is in the best interests of the child/ren, will make it into a consent order.

Before registering your agreement or applying for a consent order, you should get legal advice.

There are several reasons why you might want to formalise your agreement. For example, if you have children together, you may want to ensure that both parents have a legal right to see them and that child support is paid. You may also want to protect your property rights or ensure that debts are divided fairly.

Some of the  key benefits of formalising your agreement include:

  • It can be enforced by the court
  • It sets out each party’s rights and obligations
  • It can help to avoid future disputes
  • It can provide certainty and stability for families
  • It can help to protect assets and property rights
  • It can help to divide debts fairly

Formalising your agreement can also make it easier to change in the future if your circumstances change. For example, if you get married or divorced, you can change the agreement to reflect this. There are several ways to formalise your agreement. You can:

  • Prepare a written agreement
  • Apply to the court for consent orders
  • Register your agreement with the court
  • Make an application to the court for a financial order

Each option has different benefits and drawbacks, so you should speak to a lawyer to find out which option is best for you.

Making a family law agreement is an important decision. You should get legal advice before you agree to understand your rights and obligations. Once you have agreed, get it checked by a lawyer to ensure it is legally binding.

If you are thinking about formalising your agreement, you should get advice from a lawyer so that you understand all of the implications. If you need professional advice, you can have a family law Adelaide to help you out.

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