hi, i live in SA and my 18 year de facto relationship has ended amicably (on 11 June 2012). there are no children of the relationship and we have mutually agreed to a financial settlement. we are both happy with what we have agreed. we would both prefer to keep solicitors out of it. can you let me know if we need to do anything officially (i.e separation agreement)? many thanks in advance for your assistance.
can you let me know if we need to do anything officially Yes, you do. The agreement needs to be put into Consent Orders. You don't need a solicitor for this, the Court has a Do It Yourself Kit.http://www.familylawcourts.gov.au/wps/wcm/resources/file/eb7d904c3b27c0b/AppConsentOrders_Kit_070612_V1.pdfIt is a pretty straight forward process.If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question.
we just want what we have arranged to be "official" (however, that is meant to happen) without any interference from solicitors. is this achievable? Yes, by filling out consent orders. Its true you don't necessarily need to have them done, but they do add certainty and give a finality to the relationship. You can draft an order relating to superannuation, and each party keeping their superannuation is rather common.It is true that if the Court doesn't think the agreement is fair, they will not approve the orders, but this is fairly rare. And I cannot provide you with a precedent. We are just a question and answer service and do not do legal drafting.I suggest you two take a crack at doing the Application for Consent Orders, and file it with the Court. There is a good chance the Court will seal the orders, and that will be the end of the matter.If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question.
Thanks again, Alex for your reply.
If the court doesn't approve the orders, will that have any impact on the agreement that we've already come to ourselves? No, the Court may ask one or both of you to obtain a certificate of independent legal advice, but from the sounds of it, I don't think you will even be asked to do that. In all likelihood, the consent orders will be approved, with no need to involve any solicitors.Now if for some unforeseen reason the Court won't approve your agreement, then the other way to go is to have a solicitor draft a Binding Financial Agreement. Each of you will need your own solicitor for that, and if one of your solicitors say I think you should change the agreement you have so that X Y Z, then you two just need to be firm and say no, proceed on the instructions given.If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question.
thanks again, alex, for getting back to me so soon.
That wouldn't work as under the Family Law Act only solicitors can draft BFA's. So if the two of you would do that, the agreement would not be binding should one of you ever try to enforce it.Perhaps another way to approach this is to simply transfer the funds and property as per your agreement, and then after being separated for 24 months, neither of you can make a property splitting claim against the other anymore. You'd both be out of time at that stage.
again, many thanks for your prompt reply, alex,
we can just attend to making the relevant payment between ourselves - no official 'agreements' being necessary, and get on with our separate lives ... knowing that after 2 years, neither of us can make any claim against the other
i now think i've covered everything i need to know. thank you alex, for your help.
Glad to assist.
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