If both parties have reached agreement about parenting and/or financial/property arrangements and want to formalise the agreement to make it binding, you can apply to the Family Court of Australia for consent orders. Even though you are separating, both parents are the most important people in your child/ren's lives. The best arrangements for the future are those where:

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• the children continue to have a loving and meaningful relationship with both their parents and other family members

• both parents continue to share responsibility for their child/ren

• the children live in a safe environment, with no violence or abuse.

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In relation to property/financial matters, the Court cannot make orders for the alteration of property interests unless it is satisfied that, in all the circumstances, it is just and equitable to make the order. The general principles for a court to settle financial disputes under the Family Law Act 1975  are based on:

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• Working out your assets and liabilities; that is, what you've got (including superannuation) and what you owe; and what they are worth. 

• Looking at the contributions made by both parties during the marriage or relationship including:​​

  • indirect financial contributions to the acquisition, conservation or improvement of any of the property, such as gifts and inheritance from families

  • direct and indirect non-financial contributions to the acquisition, conservation or improvement of any of the property.

  • contributions to the welfare of the family, including any contribution made in the capacity as parent and homemaker

• direct financial contributions to the acquisition, conservation or improvement of any of the property, such as wage and salary earnings

• The future needs of the parties having regard to things such as age, health, care of children, income and financial resources of the parties.

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If you were married, see Section 75  and Section 79  and Part VIIIA  of the Family Law Act 1975 or if you were in a de facto relationship, see in Section 90SF  and Section 90SM  and Part VIIIAB  of the Family Law Act 1975.

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Wherever possible, we seek to offer a range of fixed fees for family law consent orders. This fixed fee arrangements is based on simple matters, not involving lengthy negotiations. In the event that fixed fees are not appropriate for your matter, we will let you know in advance. You should seek legal advice when considering which approach is best for you. Contact E-LAW Legal on 1300 210 599 or send an email to admin@elawlegal.com.au