Sometimes our relationships just don’t work out and both partners may agree to go their separate ways. While it’s a difficult situation to be in, it’s important to bear in mind that making such a decision will require both of you to reach an agreement concerning parenting of children and/or your financial situation. Whether you’re in a de-facto relationship or legally married, the Family Law Act provides a means for the parties to reach a divorce settlement.

There are two ways for the parties to reach a divorce agreement:

Firstly, through an amicable settlement. In this case, the best way to ensure your divorce agreement is final is to draw up Consent Orders which, together with a Consent Application, are filed with the court without the need for a court appearance. It is always a first priority to avoid going to court if divorce negotiations are successful. In some cases, parties may want to enter into a contract or binding financial agreement that is made outside of the court process.

The other way however, is when both parties cannot agree on one or more issues and their opinions are too far apart, either in respect of children’s matters or property issues or both. This is when your lawyer may recommend that, in order to achieve a timely resolution, you issue divorce proceedings in the Federal Circuits Court of Australia or the Family Court of Australia, otherwise known as the Family Law Courts.

Legro Lawyers have extensive experience in family law and divorce, as well as matters concerning families in Australia, especially those that involve separation issues.