Document Drafting

Binding financial agreements are formal agreements which record a married or de facto couple’s agreement about the financial aspects of their separation (including property settlement and spousal maintenance) in a legally binding way. Parties to a binding financial agreement must each receive independent legal advice, from their own lawyer, before signing the agreement. Whether a binding financial agreement is the best way to formalise your settlement will depend on your specific circumstances.

Pre-nuptial (or post-nuptial) binding financial agreements allow parties to a marriage or de facto relationship to pre-determine the financial aspects of their relationship and/or protect particular assets should they separate in the future, in a legally binding way. Parties to a binding financial agreement must each receive independent legal advice, from their own lawyer, before signing the agreement.

Binding child support agreements are formal agreements which record an agreement reached between separated parents about the financial support for their children. Binding child support agreements can provide for greater certainty than relying on the administrative child support system, and can provide for the payment of non-periodic expenses such as private school fees, medical costs and extra-curricular activities. Parties to a binding child support agreement must each receive independent legal advice, from their own lawyer, before signing the agreement.

Consent orders, once approved by the court, record an agreement about financial matters (including property, spousal maintenance and child support) and parenting arrangements. While parties do not require legal advice before entering into consent orders, they are complex legal documents and obtaining legal advice will ensure that you understand the rights and obligations created by the orders.

Parenting plans are written agreements about the care of children. Whilst they are not legally enforceable, they can form a useful record of agreed parenting arrangements and can assist parents in focusing on the needs and best interests of their children.

Binding financial agreements (post-separation)