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In this video, CGW family lawyer Tiana Harris talks about how your family law settlement can be documented. From parenting arrangements to property settlements and everything in between.
Hi, I’m Tiana, and I’m a lawyer in the family law team here at Cooper Grace Ward. Today, I’m going to be talking with you about how an agreement can be documented.
There are few different ways for an agreement to be documented depending on the issues in dispute if you are in the fortunate position to have reached an agreement with your spouse.
If your matter relates to property or spousal maintenance, you can document your agreement by way of consent orders or a binding financial agreement or both.
Consent orders can contain the terms of your property settlement and will be filed together with the application for consent orders or a letter of justice and equity if proceedings are on foot with the court. A judicial officer will review the proposed orders and the sealed final orders will be released within 3 to 4 weeks, depending on the availability of the court.
A binding financial agreement is not filed with the court, but it is essentially a contract that contains the terms of your property settlement and or spousal maintenance agreement and is signed by both parties after receiving the mandatory legal advice.
Whether you choose to document your agreement by way of a binding financial agreement or consent orders or a mixture of both will be based on the specific circumstances of your matter. In relation to parenting matters, the parties may document that agreement by way of consent orders or a parenting plan.
Consent orders, as I described earlier, are binding and legally enforceable meaning that the parties must abide by the terms of the agreement. If one party breaches the terms of the agreement, the other party may file either a contravention or enforcement application with the court, and there may be serious consequences.
A parenting plan, on the other hand, is an informal written agreement regarding the arrangements for the children. It is not legally enforceable or binding and can be easily amended by the parties, should they agree.
Lastly, if you come to an agreement about child support, you may document that in a binding child support agreement or limited child support agreement that is executed by both parties after receiving the mandatory legal advice. There are significant risks if you do not document your agreement correctly and it is therefore strongly recommended that you obtain legal advice.
Should you have any questions about how to document your agreement properly, please do not hesitate to contact me or one of the other family lawyers here, at Cooper Grace Ward.
This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please let us know.
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