Binding Financial Agreement – A binding financial agreement is a private legal agreement that sets out how a couple’s property, assets and debts will be divided if the relationship ends, without needing to apply to court for consent orders. To be enforceable, both parties must get independent legal advice from a binding financial agreement lawyer before signing.
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Child Support – Child support is the ongoing financial contribution a parent makes towards raising a child after separation, whether assessed by Services Australia or agreed privately between parents. A child support lawyer can help formalise a private agreement or resolve a dispute over an assessment.
Consent Orders – Consent orders are formal agreements about parenting or property matters that both parties agree to and a court approves, giving them the same legal force as a court judgment. In simple terms, the consent orders definition comes down to this: it’s a court-approved agreement, not just a private one. Unlike a binding financial agreement, consent orders need court sign-off but can cover parenting and financial arrangements together.
Contravention Application – A contravention application family court proceeding is what happens when one parent believes the other has breached an existing parenting order without a reasonable excuse. It asks the court to address the breach, which can lead to the order being varied or other consequences being imposed.
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De Facto Relationship – The de facto relationship meaning under Australian family law is two people who aren’t married living together on a genuine domestic basis, generally for at least two years, though shorter relationships may still qualify in some circumstances, such as where there’s a child of the relationship. Once established, it can carry many of the same property and maintenance rights as a marriage.
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Family Dispute Resolution – Family dispute resolution (FDR) is a form of mediation that helps separating parents reach agreement on parenting arrangements outside of court. In most cases, attempting FDR and obtaining a certificate is a legal requirement before parenting proceedings can be filed, and a family dispute resolution lawyer can help you prepare for the process.
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Independent Children’s Lawyer – An Independent Children’s Lawyer (ICL) is a solicitor appointed by the court to represent a child’s best interests in parenting proceedings, independently of what either parent wants. Independent Children’s Lawyer costs are usually covered by Legal Aid where the parties are eligible, or shared between the parties where they’re not. The ICL gathers evidence, meets with the child where appropriate, and makes submissions focused solely on the child’s welfare.
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Parenting Orders – Parenting orders are legally binding orders made by a court that set out arrangements for a child’s care, including where they live, who they spend time with, and how decisions about their welfare are made. If one parent later breaches an order, the other may need to file an application for contravention of parenting orders.
Parenting Plan – A parenting plan is a written agreement between parents about their child’s care arrangements that, unlike parenting orders, isn’t approved by a court and isn’t legally enforceable. Many parents work with a lawyer for a parenting plan to make sure it’s clear, practical, and reflects their child’s best interests.
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Spousal Maintenance – Spousal maintenance is ongoing financial support paid by one party to a former spouse or de facto partner who can’t adequately support themselves after separation. A spousal maintenance lawyer can help assess eligibility and negotiate or apply for an appropriate arrangement.
